M.N. Gilani, J.@mdashFirst Appeal No. 456/2002 is directed against the judgment and award passed by the Motor Accident Claims Tribunal Chandrapur, in Claim Petition No. 51/1998 dated 7.11.2001 and First Appeal No. 457/2002 is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Chandrapur in Claim Petition No. 11/1998 dated 8.11.2001. Both the appeals are in respect of death of one Damodhar and Ishwar occurred in a motor vehicular accident involving the jeep bearing registration No. MH-31-G-9374 and truck bearing registration no MH-34-A2933, occurred on 20.4.1997 on Chandrapur-Brahmapuri Road. The learned Tribunal held that the drivers of both the vehicles i.e. the truck and jeep, were negligent and apportioned the negligence in the ratio of 70:30. Deceased Damodhar was found to be 39 years and 3 months old when died and Ishwar was found to be 38 years of age. In a claim case relating to death of Damodhar the Tribunal applied multiplier of 10, whereas in case of claim relating to death of Ishwar the Tribunal applied multiplier of 12. In both these appeals the challenge is to the tribunal applying wrong multipliers.
2. Mr. Sharma, learned counsel appearing for the appellant contended that in view of the decision in case of
3. Mr. Anthony, learned counsel appearing for respondent no. 3 submits that as per law prevailing at the time when the accident occurred, choice of multiplier is correct which need no interference.
4. The issue is covered by the decision in case of Sarla Verma [cited supra] and this holds the field till date. It was observed:
We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (Prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46-50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years.
In this view of the matter, in both the appeals the multiplier ought to have been 15. In that view of the matter the total amount of compensation will have to be recalculated as under:
In First Appeal No. 456/2002 [M.A.C.P. No. 51/1998], the dependency was considered at Rs. 29,100/- and after applying multiplier of 10 it was calculated at Rs. 2,91,000 it was further reduced by 30% i.e. by Rs. 87,300/- because of the negligence of the deceased. Thus the total amount of compensation was Rs. 2,03,700/- [inclusive of no-fault-liability of Rs. 50,000/-.]
After applying multiplier of 15 amount of compensation would be : [Rs. 29,100 X 15] 4,36,500. On reducing 30% on account of contributory negligence (Rs. 1,30,950), it would come to Rs. 3,05,550/- [inclusive of no-fault liability amount of Rs. 50,000/-]. On deducting no-fault liability amount of Rs. 50,000/-, the compensation would be Rs. 2,55,550/-.
The amount already awarded Rs. 1,53,700/-, thus claimants would be entitled to claim enhanced amount of Rs. 1,01,850/- which would carry interest at the rate of 7.5% from the date of filing of the application till its realisation.
In First Appeal No. 457/2002 [M.A.C.P. No. 11/1998] The amount calculated by the Tribunal was : An amount of Rs. 23184 was taken as of loss of dependency x 12 = 2,78,208/- which was reduced by 30% and thus compensation of Rs. 1,94,746/- was granted. Rs. 50,000/- was further deducted being the amount already awarded towards no-fault liability. Total amount of award comes to Rs. 1,44,746/-, the compensation after applying multiplier of 15 is : 23,184 X 15 = 3,47,760 (-)30% =1,04,328 (-) Rs. 50,000/- towards no fault, thus compensation amount would be Rs. 2,43,123/-.
The claimants are already awarded an amount of Rs. 1,44,746/- by the tribunal.
Thus claimants would be entitled to claim additional amount of Rs. 98,386/- with interest @ 7.5 %% from the date of filing of application till its realisation.
For the reasons stated above, both the appeals are allowed partly.
Claimant - Sobha Domkawale shall be entitled to additional amount of compensation of Rs. 98386/- and - Chandrakala Lengure shall be entitled to enhanced amount of compensation of Rs. 1,01,850/- along with interest @ 7.5 % p.a. from the date of filing of the application till realization.
On deposit of the amount, the Tribunal shall invest the entire amount in the name of claimants - Chandrakala wd/o Damodhar Lengure & Smt. Shobha Ishwar Domkawale, respectively, in any nationalised bank convenient to them with an arrangement that they shall receive the monthly or quarterly interest accrued thereon and after maturity of the deposit they shall be entitled to receive the entire amount. This order be complied with within 4 weeks from the date of deposit of the amount.
There shall be no order as to costs.
