Gurdev Kaur and Another vs Punjab Roadways and Others

Amarjeet Chaudhary, J.—This appeal is directed against the award of Motor Accident Claims Tribunal, Bhatinda, dated May 8, 1985, which on a claim petition u/s 110-A of the Motor Vehicles Act, 1985, which on a claim petition u/s 110A of the Motor Vehicles Act, had awarded a sum of Rs. 20,000/- as compensation to the claimants on account of death of their 25 years old unmarried son Lakhwinder Singh.

The challenge to the award is that while computing the compensation no reason for the same has been given by the Tribunal.

I have considered the submissions of learned counsel for the parties and have gone through the paper book. After scanning the evidence of Gurdev Kaur, I am of the view that the income of the deceased must be Rs. 1000/- per month. Out of this amount, he must be spending Rs. 250/- per month on the maintenance and upkeep of the tempo, another sum of Rs. 250/- on himself and the remaining sum of Rs. 500/- on his parents. Therefore, the annual dependency of the claimants is held to be Rs. 6000/-. The claimants were 50 years of age at the time of the filing of the claim petition. The deceased even after his marriage would have maintained his parents at least for another ten years. Taking into consideration the age of the deceased, it is a fit case if a multiplier of 10 is adopted, By applying the multiplier of 10, the claimants are held entitled to Rs. 60,000/- In addition, they shall also be entitled to interest @ 12% from the date of the claim petition. Out of the compensation awarded by this Court, a sum of Rs. 20,000/- already awarded by the Tribunal is to be adjusted.

The appeal is allowed to the extent indicated above. No order as to costs.