Savitri Devi and Others vs Chouhan B.K.O. and Others

Rajan Gupta, J.—Present appeal is directed against the award passed by the Tribunal seeking enhancement of compensation. Learned Counsel for the appellants has raised a limited plea that multiplier applied by the Tribunal is on the lower side. According to Schedule, multiplier of 15 would be applicable.

Learned Counsel representing respondent No. 2-Insurance Company submits that adequate compensation has already been granted. He, however, agrees that keeping in view the age of deceased, multiplier of 15 is attracted in this case.

I have heard learned Counsel for the parties.

Brief factual background of the case is that on 28.5.2006 deceased Suresh Kumar while plying the vehicle from Blawar to Gurgaon felt some pain in the chest and died. His post-mortem was conducted in Civil Hospital, Bawal on 29.5.2006. His legal heirs preferred a claim petition under the Act. After examining the entire evidence, Tribunal held that death of Suresh Kumar occurred due to use of motor vehicle and claimants were entitled to compensation. His wife, who appeared as PW1, stated that deceased was earning Rs. 3,300 p.m. by working as driver. With no documentary proof regarding the same, Tribunal still took the income as Rs. 3,300. 1/3rd was taken as expenses for personal use. Thus, dependency was assessed as Rs. 2,200. Taking the age of the deceased as 40 years on the basis of post-mortem report and applying a multiplier of 12, it calculated compensation as Rs. 3,16,800 (Rs. 2,200 x 12 x 12). Another sum of Rs. 8,200 was granted under usual heads. Total compensation was, thus, worked out as Rs. 3,25,000. During the course of arguments, learned Counsel are agreed that keeping in view the age of deceased, 15 would be the appropriate multiplier in view of Schedule. Ordered accordingly. Computed in this manner, learned Counsel agree that total compensation would come to Rs. 3,96,000 (Rs. 2,200 x 12 x 15). Appeal is allowed in these terms and award of the Tribunal is modified to this extent.

Enhanced compensation be distributed amongst the claimants in the same manner/proportion as done by the Tribunal. As the case has been heard and decided on merits, delay of 9 days in filing and 93 days in refiling the appeal is deemed to have been condoned.