Bhim Raj Sharma vs Ram Chander

S.K. Mahajan, J.—Admit.

Matter being short, the same has been heard with the consent of the parties and disposed of by this order.

The appellant has filed this appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal only on the ground that the age of the deceased was 37 years at the time of the death and though in terms of the Second Schedule to the Motor Vehicles Act, the tribunal was required to apply the multiplier of 16 to arrive at the loss of dependency to the family of the deceased. The tribunal has applied a multiplier of 14.

There are merits in the arguments advanced by learned counsel for the appellant. Unless there are special reason to deviate, the courts and the tribunals are required to apply the multiplier mentioned in the Second Schedule to the Motor Vehicles Act to arrive at the loss of dependency to the family of the deceased. Since the deceased was 37 years of age, in my opinion, the correct multiplier to be applied in this case was 16. Applying the multiplier of 16 to the loss of dependency of Rs. 38, 004/- per annum, total loss of dependency to the family would come to Rs. 6, 08, 064/-. In my opinion, besides the aforesaid amount, the appellants will be entitled to another sum of Rs. 12, 000/- by way of non-pecuniary damages towards loss of love and affection, loss of estate, funeral expenses, etc. I, accordingly allow this appeal and enhance the compensation of Rs. 6, 20, 064/- (rounded up to Rs. 6, 20, 000/-). The appellants will also be entitled to interest @ 9% per annum on the enhanced compensation from the date of filing of the application before the tribunal till payment.