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Judgment
N.K. Mody, J.—Heard on LA. No. 4837/2005 which is an application for dispensing with services of respondent Nos. 1 and 2. Application is allowed at the risk of the appellant.
Also heard on MCP No. 2392/2004 which is an application for condonation of delay. Delay is of 37 days. Sufficient ground is made out for condoning the delay.
Being aggrieved by the award passed by Addl. MACT, Dhar in Claim Case No. 104/2003 whereby a sum of Rs. 2,60,000 has been awarded along with interest @ 8% per annum, the present appeal has been filed.
Learned Counsel for appellant submits that age of the deceased has been assessed at 42 years by the learned Tribunal and multiplier of 12 has been applied which is not correct. As per table prescribed under the provisions of Motor Vehicles Act, multiplier of 15 ought to have been applied instead of 12.
Learned Counsel for respondent No. 3 submits that reasons have been assigned by learned Tribunal in para 25 of the award for applying the multiplier of 12. It is submitted that since parents of the deceased were not alive, therefore, learned Tribunal held that there is no history of longevity of life in the family of the deceased, therefore, multiplier of 12 is just and proper.
There is nothing on record to show that at what age the parents of the deceased died. Similarly, there is nothing on record to demonstrate in what circumstances, death of parents had taken place such as natural or accidental. In view of this, it appears that there is a mistake in applying the multiplier of 12.
The appeal stands allowed. The award is modified to the extent that instead of applying multiplier of 12, multiplier of 15 shall be applied. Since income of the deceased has been assessed @ Rs. 30,000 per year and after deducting the personal expenses @ Rs. 10,000 per year, the dependency has to be calculated as Rs. 20,000 per year. Therefore, appellant shall be further entitled for a sum of Rs. 60,000. The enhanced amount shall carry interest @ 6% per annum.
With the aforesaid modification, the appeal stands disposed of.