Shri Nawabuddin and Another vs Shri Ramesh Chand and Others

Kailash Gambhir, J.—By way of the present appeal the appellant seeks to challenge the impugned Award dated 05.05.2006 whereby a sum of Rs. 2,88,400/- has been awarded in favour of the appellants. Brief summary of the facts to deal with the contentions raised in the present appeal are:

On 22.08.2004, at about 7:45 pm, Shri Nadeem was going to Sadar Bazar from Uttam Nagar, on his two-wheeler scooter, at a slow speed observing all traffic rules and regulations, and when reached near Distt. Centre Janakpuri, Flyover, then at that very time, Bus No. DL-1PA-6163, driven by Shri Ramesh Chand rashly and negligently came from the side of Vikas Puri and hit the Scooter of the deceased. As result of the impact Shri Nadeem fell on the road with the Scooter and front wheel of the offending bus ran over the head of the Shri Nadeem and he died on the spot of the accident.

Mr. Manish Mannie, counsel appearing for the appellants has raised two contentions. The first is that an appropriate multiplier has not been applied by the Tribunal considering the age of the appellants. The contention of the counsel for the appellants is that admittedly the age of the appellant No. 1 as on the date of the accident was about 56 years and of the mother, appellant No. 2 about 50 years as per the election identity cards placed on record by the appellants and if average age of both the parents is taken into account then the appropriate multiplier as per the Second Schedule of the Motor Vehicles Act would be 11 in place of 8 as determined by the Tribunal. Counsel for the appellant further contends that only a meager amount of Rs. 5,000/- has been awarded towards loss of love and affection, which as per the counsel at least should have been Rs. 25,000/- each.

I have heard learned Counsel for the appellant and have perused the record.

Nobody has chosen to appear for the respondent insurance company. Perusal of the Award shows that the Tribunal has applied multiplier of 8 after taking into consideration the age of appellant No. 1 father of the deceased as 58 years and of the mother as 53 years. In para 10 of the impugned Award the Tribunal has referred to the election identity card and as per the election identity card the age of appellant No. 1 as on the relevant date of accident comes to about 56 years and that of the mother i.e. appellant No. 2 comes to about 50 years. Taking the average age of the mother and the father, the appropriate multiplier between the age of 50 - 55 would be 11 and not 8 as determined by the Tribunal . The finding of the Tribunal to this extent is set aside and in place of multiplier of 8, the multiplier of 11 shall be applicable. Applying the multiplier of 11 the financial loss of dependence would come to Rs. 3,82,800/- in place of Rs. 2,78,400/-. I also find merit in the submission of the counsel for the appellant that a meager amount of Rs. 5,000/- has been awarded towards loss of love and affection although young son of the age of 25 years had died leaving behind the parents to lead a miserable life in the absence of their son. The said amount of Rs. 5,000/- is enhanced to Rs. 25,000/-. The appellants have already received the compensation amount as awarded by the Tribunal and now the differential amount of Rs. 1,24,400/- shall be paid by respondent No. 3 insurance company along with upto date interest @ 7.5% per annum from the date of filing of the petition till realization.

With these directions the appeal is disposed of.