Chandubai and Another vs National Insurance Co. Ltd. and Others

In this appeal preferred u/s 173 of the Motor Vehicles Act, 1988 the claimant appellants have called in question the legal propriety of the award passed by the Motor Accident Claims Tribunal, Kukshi in Claim Case No. 67/05 whereby the Tribunal while accepting that the deceased Gambhirsingh was engaged in digging through a machine had determined his yearly income at Rs. 30,000 and further relying on the post-mortem report which indicated that he was 55 years of age has applied the multiplier of 11 and accordingly fixed the amount of compensation at Rs. 2,27,000 which also includes compensation on two heads, namely, loss of consortium and funeral expenses.

It is worth noting here that the learned Counsel for the appellant did not dispute at the bar any other facet except the factum relating to the age and the determination of multiplicand and multiplier by the Tribunal. First we shall deal with the income. The Tribunal has accepted on the basis of material on record that the deceased was engaged in digging and has determined the income at Rs. 30,000 per year. We are inclined to think the same deserves to be enhanced and accordingly we enhance it to Rs. 36,000 per annum. In view of the aforesaid, the contribution would come to Rs. 24,000 per year.

Presently to the applicability of multiplier. The wife of the deceased has been examined before the Tribunal and had stated that her husband was aged about 55 years. The same has not been really controverted. What has been placed reliance upon is the post-mortem report. The evidence brought on record has been appreciated in proper perspective. On a keen scrutiny of the same, we are inclined to think that the age of the deceased would be between 45 to 55 years and hence, multiplier of 15 would be appropriate to be applied. Hence, the amount of compensation would come to Rs. 24,000 x 15 : Rs. 3,60,000. To the aforesaid, we shall add a sum of Rs. 15,000 on three heads, namely, loss of consortium, loss of estate and funeral expenses. Ergo, in toto. the amount of compensation would be Rs. 3,75,000 (Rupees three lacs and seventy five thousand only). The differential enhanced amount shall carry interest at the rate of 6% per annum from the date of presentation of the application before the Tribunal till the date of deposit of the same before it. The said sum shall be deposited within a period of three months from the date of receipt of the order passed today.

Accordingly, the appeal is allowed in part. There shall be no order as to costs.