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Judgment
Mrs. S. Sujatha, J.—Though these matters are posted for admission, with the consent of the learned counsel appearing for the parties, matters are taken up for final disposal.
The insurer as well as the claimants are before this Court challenging the judgment and award passed by the Motor Accident Claims Tribunal at Raichur wherein, the Tribunal allowing the claim petition in part has awarded the compensation of Rs. 7,03,000/-.
The learned counsel appearing for the insurer would contend that the Tribunal erred in applying the multiplier of 18 by taking the age of the deceased against the settled principles of law; In case of death of a bachelor, the age of the youngest parent has to be taken while applying the multiplier. It is submitted that the appeal filed by the claimants seeking enhancement of compensation lacks merit and requires to be dismissed.
On the other hand, learned counsel appearing for the claimants placing reliance on the judgment of Munna Lal Jain v. Vipin Kumar Sharma, reported in (2015) 6 SCC 347 would contend that the Tribunal is justified in taking the age of the deceased for applying the multiplier which cannot be found fault with. However, further pointed out that the Tribunal has not properly considered the monthly income of the deceased despite adequate evidence placed on record by the claimants.
Considering the rival submissions made by the parties, it would be beneficial to refer to the judgment of the Apex Court in Munnalal Jain�s case (AIR 2015 SC (Supp) 1130) (supra) wherein, the Apex Court has categorically held that the age of the deceased would be a relevant factor to be considered 1 while deciding the multiplier in case of a bachelor and not the age of the younger parent of the deceased.
In view of the said judgment, I am of the considered opinion that Tribunal is justified in taking the age of the deceased while applying the multiplier and the same does not call for any interference by this Court.
As regards the enhancement of compensation awarded by the Tribunal considering the age of the deceased and the circumstances of the case, it would be appropriate to reassess the monthly income of the deceased at Rs. 7000/- which is normally applied in Lok Adalath Cases for the road traffic accidents occurred in the year 2013 for a labourer not supported by any material evidence. Thus, by deducting 50% towards the personal expenses of the deceased from Rs. 7000/-, loss of dependency works out to Rs. 3500 x 12 x 18 = Rs. 7,56,000/-.
The compensation awarded under the other conventional heads are just and proper and remains undisturbed.
Accordingly, the total compensation awarded by the Tribunal is modified to Rs. 8,11,000/- and the insurer shall pay the enchanced compensation of Rs. 1,08,000/- with interest @ 9% p.a. from the date of petition till realisation. Accordingly, MFA 200841/2015 filed by the insurer is dismissed and MFA 201245/2015 is allowed in part.
The amount in deposit in MFA No. 200841/2015 shall be transmitted to the jurisdictional Tribunal and claimants are at liberty to withdraw the same.