PANCHI DEVI Vs. SURAJMAL

JUDGEMENT

(1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 21.2.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 1,65,000.

(2.) I have heard learned Counsel for the parties and gone through the award sought to be modified. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of jeep No. RJ -14 -T -0253 by its driver has awarded a sum of Rs. 1,65,000 under the various heads, making the respondent Nos. 2 and 3 liable to pay the award amount to the claimant, jointly and severally.

(3.) I have considered the above argument. A perusal of the award sought to be modified shows that in awarding compensation, the learned Judge has assessed the gross income of the deceased at Rs. 22,000 per annum at the time of accident and after deducting 1/3rd of income for his personal expenses and having assessed his net income at Rs. 15,000 p.a., applied multiplier of 10 and awarded a sum of Rs. 1,50,000 against the loss of income of deceased to his dependents. I find substance in the argument of learned Counsel for the appellants. Undisputedly the age of the deceased at the time of accident was 42 years and as per the Schedule attached to the Act, the learned Tribunal should have applied the multiplier of 15 instead of 10 while awarding compensation under the head 'loss of income of deceased to his dependents'. If the multiplier of 15 is applied, the amount comes to Rs. 2,25,000 (15,000 x 15). In this view of the matter, the amount of compensation towards loss of income to the dependents, of the deceased is enhanced from Rs. 1,50,000 to 2,25,000 and the claimant -appellants would be entitled to get increased amount of Rs. 75,000 in addition to what has already been awarded by the Tribunal.