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Judgment
Mr. Justice J.P. Singh
Kamal Kumar, a Helper-Cum-Cleaner with Vehicle No. JK02T-3977 sustained injuries when the Vehicle, above mentioned, met with accident
on 08.02.2009. He succumbed to the injuries received in accident. His parents, who were dependant on his earnings, filed a Claim Petition with
Motor Accidents Claims Tribunal, Jammu seeking compensation for their Son's death in a motor vehicular accident. Taking monthly income of the
deceased at Rs.4500/- and deducting 50% therefrom, Rs.2250/- was taken as the Claimants dependence on the income of the deceased. Taking
father-claimant's age into consideration, the Tribunal found that the Multiplier applicable to the case was 8. It reduced it to 6 to assess
compensation payable to the Claimants. Rs.1,62,000/- was assessed as loss of dependency, And adding Rs.15,000/- as expenses incurred on last
rites of their Son, an amount of Rs.1,77,000/- was awarded as compensation to the Claima nts.
Aggrieved by the Award dated 17.07.2010 of the Tribunal, the Claimants have approached this Court seeking enhancement of compensation.
Heard learned counsel for the parties.
The age of the mother of the deceased is indicated 55 years, in the Claim Petition, as also in the Statement made before the Tribunal. The
Multiplier applicable to the case for persons in the age group of 50 years to 55 years, in view of the law laid down in Smt. Sarla Verma and Others
Vs. Delhi Transport Corporation and Another, .
The Tribunal has erred in selecting the Multiplier on the age of the father when it was required to be assessed at the age of such of the parents
who was younger in age. Even otherwise, no reason is forthcoming from the Award of the Tribunal as to why the Multiplier of 8 was reduced to 6
to assess compensation.
Keeping in view the dependency of old parents on the earnings of their unmarried Son, who alone was putting up with them and was their
bread-winner, the Multiplier was not required to be reduced to such an extent that the Claimants were allowed such compensation which may not
be reasonable and just compensation for the death of their Son. Keeping in view the old age of the parents of the deceased and taking Judicial
Notice of the fact that sufficient Social Security Schemes are not in place to take care of old parents, it would be appropriate to select 9 as
Multiplier to assess compensation payable to the Claimants.
The annual dependency of the parents on the income of the deceased being Rs.27,000/-, the loss of dependency, taking 9 as the Multiplier,
would be, Rs.2,43,000/-. Adding Rs.15,000/- as the amount spent on funeral expenses, the Claimants become entitled to Rs.2,58,000/- as
compensation for the death of their Son.
The Award dated 17.07.2010 of the Motor Accidents Claims Tribunal, Jammu, therefore, needs to be modified.
This Appeal of Sobha Ram and Satya Devi, the parents of deceased Kamal Kumar, therefore, succeeds and is, accordingly, allowed, modifying
the Tribunal's Award as Award for an amount of Rs.2,58,000/- along with interest @ 7.5% per annum as allowed by the Tribunal.
United India Insurance Company Limited is, accordingly, directed to deposit the compensation amount with Registrar Judicial of the Court,
within a period of six weeks. The amount when deposited be released in favour of the Claimants on their proper identification.