Kanta Rani And Ors. vs The Commissioner Of Police And ...
2003 Latest Caselaw 1055 Del

Citation : 2003 Latest Caselaw 1055 Del
Judgement Date : 23 September, 2003

Delhi High Court

Kanta Rani And Ors. vs The Commissioner Of Police And ... on 23 September, 2003

Equivalent citations: I (2004) ACC 123

Author: S Mahajan

Bench: S Mahajan

JUDGMENT

S.K. Mahajan, J.

1. The appellant has filed this appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of the husband of appellant No. 1 and father of appellants 2 and 3 in a road accident caused by the rash and negligent driving of the offending vehicle by its driver. The only point urged by learned counsel for the appellant is that the deceased at the time of the accident was 36 years of age and while arriving at the loss of dependency to the family of the deceased, the Tribunal has applied the multiplier of 13 whereas in terms of the Second Schedule to the Motor Vehicles Act the Tribunal ought to have applied the multiplier of 16.

2. It is now well-settled that unless there are special reasons to deviate, the Courts and Tribunals while arriving at the loss of dependency to the family of the deceased should apply the multiplier mentioned in Second Schedule to the Motor Vehicles Act. For the victims between the ages of 35 and 40 years, the Second Schedule prescribes the multiplier of 16 to be applied to arrive at the loss of dependency. Deceased was 36 years of age at the time of accident and appropriate multiplier to be applied in this case would, therefore, be 16. Applying the multiplier of 16 the annual loss of dependency of Rs. 14,400/- per year, as assessed by the Tribunal, total loss of dependency to the family of the deceased would comes to Rs. 2,30,400/-. The Tribunal has also awarded a sum of Rs. 5,000/- towards loss of consortium and loss of estate etc. In accordance with the Second Schedule to the Motor Vehicles Act, the appellants will be entitled to a total sum of Rs. 10,000/- towards loss of consortium and loss of estate etc. The appellants would thus be entitled to a total compensation of Rs. 2,40,400/-.

3. I, accordingly, allow this appeal, modify the award and direct that the appellants will be entitled to the total compensation of Rs. 2,40,400/-. The appellants will also be entitled to interest on the enhanced compensation @ 9% per annum from the date of the filing of the petition before the Tribunal till payment.