SUMAN SHARMA Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) INSTANT appeal has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal, Shahpura (District Jaipur) ("tribunal") vide Award dated 6. 9. 2001 in MACT Case No. 62/01.

(2.) CLAIMANTS are wife, minor son and parents of deceased Ashok Kumar Sharma, aged 28 years, who died on 25. 9. 2000 in an accident, which took place due to rash & negligent driving of offending jeep No. RJ-21-C-6498. As alleged in claim petition and as per salary certificates (Exhibit 12 to 14), deceased was a part time Accountant engaged with private Firms being paid monthly pay of Rs. 2,500/- by each of three Firms. One Ghan Shyam (AW4) with whom deceased was employed on part time basis for doing work of accounts of the Firm, in his statement deposed that the deceased was also doing accounts work of other private Firms.

(3.) HOWEVER, the Tribunal adopted multiplier of 17, whereas in fact as per 28 years age of deceased, multiplier of 18 as provided in 2nd Schedule to the Motor Vehicles Act, 1988, is appropriate for just compensation to be awarded. It is settled law that payment of compensation on the basis of structured formula as provided for under 2nd Schedule to the Act should not be ordinarily be deviated from. That apart, Section 168 of the Act lays down guide lines for determination of amount of compensation in terms of Section 168 thereof, and as laid down in series of decisions, deviation of structured formula can be resorted to only in exceptional cases. Taking an over all conspectus of the matter so also 2nd Schedule to the Act, I consider it proper to apply multiplier of 18 and in that eventuality, claimants are entitled for compensation of Rs. 4,32,000/- (2000 x 12 x 18) towards financial dependency of the family.