ROOPWATI Vs. BABU SINGH

JUDGEMENT

(1.) THE claimants/appellants have preferred the instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Bharatpur (for short 'the Tribunal') in Claim Case No. 222/99 vide impugned judgment/Award dated 09.10.2002, whereby an award to the tune of Rs. 2,57,400/ - has been passed in favour of the claimants/appellants.

(2.) THE enhancement of compensation has been prayed for by the claimants/appellants mainly on the ground that admittedly at the time of death the deceased was only 25 years of age and correct multiplier has not been applied and while awarding compensation, the Tribunal has applied the multiplier of 16 instead of 18.

(3.) MULTIPLIER would be 12 and not 16 as adopted by the Claims Tribunal and affirmed by the High Court. By applying multiplier of 12, amount of compensation is fixed at Rs. 4,50,000(in round figures). The Tribunal has fixed interest at the rate of 9 per cent per annum from the date of claim petition. Taking note of the prevailing rate of interest in bank deposits, the same is fixed at 7.5 per cent per annum. It is stated that a sum of Rs. 4,00,000 has been deposited pursuant to the order dated 22.3.2004. The balance amount shall be deposited with the Tribunal within four weeks from today. Out of the total deposited 90 per cent of the amount shall be kept in fixed deposit in the name of widow, respondent No. 1, minor child, respondent No. 2 and the mother, respondent No. 3 in the proportion of 35 per cent, 40 per cent and 15 per cent respectively. Rest 10 per cent shall be paid in cash equally to the widow and the mother.