VIMLA Vs. RAMZAN KHAN

JUDGEMENT

(1.) IN this appeal filed against the award passed by the Motor Accidents Claims Tribunal, Jaipur in MACT Case No. 26 of 1981, Mr. G.C. Mathur has challenged the finding of the Tribunal regarding the compensation on the point of quantum. According to him an amount of Rs. 325/ - p.m. having been found as the amount which the Appellant should have got as dependency from the deceased, is inadequate and less than what really it would have been. According to him, the curtailment for the brother and sister's share was not justified.

(2.) MR . S.C. Srivastava, on the contrary, has submitted that if the deceased would have married, then his family would have increased with children and therefore, that aspect of the case requires consideration and justification for treating Rs. 325/ - as amount of dependency from the income of the deceased. I am inclined to accept the viewpoint of Mr. Srivastava. In the very nature of things, the deceased would have spent amount on his family more than what has been spent. In that view of the matter, amount of Rs. 325/ - appears to be correct. However, so far as multiplier of 16 years is concerned, this deserves to be revised. The age of the mother was 47 years only. The expectancy of the age is now 65 -70 years. In view of this, the multiplier of 25 years should have been applied in the present case. On the application of multiplier of 25 years, the amount would be Rs. 325/ - à - 12 months à - 25 = Rs. 97,500/ -.

(3.) THE parties would bear their own costs.