Darshan Lal Oberoi vs Babu Lal

Jitendra Chauhan, J.—The present appeal has been filed by the claimant appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ambala (in short ''the Tribunal''), vide award dated 17.3.1999, on account of death of Vinod Kumar, in a motor vehicular accident. Learned counsel for the appellants contends that the deceased, aged 23 = years, was bachelor at the time of his death. The learned Tribunal applied the multiplier of five, according to the age of the parents, which is contrary to the law laid down by the Hon''ble Supreme Court in Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, , wherein the multiplier has been applied according to the age of the deceased. He further submits that no amount has been awarded towards future prospects, loss of love and affection, and funeral expenses.

On the other hand, the learned counsel appearing for the Insurance Company submits that just and appropriate compensation has been awarded by the learned Tribunal. He prays for the dismissal of the appeal.

I have heard the learned counsel for the parties and gone through the case file.

It is not disputed that the death of Vinod Kumar occurred due to the injuries suffered by him in a road accident. The deceased, aged about 23= years, was bachelor at the time of his death. The claimants are the parents of the deceased. In view of the law laid down by the Hon''ble Supreme Court in In Rajesh and Others Vs. Rajbir Singh and Others, , the claimants are entitled to get 50% increase with regard to the future prospects. Further in view of Amrit Bhanu Shali and others'' case (supra), the multiplier of 18 and deduction to the extent of 50% towards personal expenses ought to have been taken. Ordered accordingly. Further In view of the law laid down by the Hon''ble Supreme Court in Vimal Kanwar and Others Vs. Kishore Dan and Others, , the mother of the deceased is also entitled to Rs. One lac towards loss of love and affection. As no amount has been awarded towards funeral expenses, this Court feels that grant of Rs. 15,000/- would meet the ends of justice.

Accordingly, the total compensation comes to Rs. 9,79,000/- (4000 (monthly income) + 50% (future prospects) - 1/2 (deduction) x 12 x 18 (multiplier) + 1,15,000 (conventional heads). The balance enhanced compensation i.e. Rs. 7,51,000/- (9,79,000- 2,28,000/- already awarded) shall be paid to the claimants-appellants, in the manner indicated in the impugned award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.