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2005 Supreme(SC) 643

B.N.AGARWAL, H.K.SEMA
CHELLAMMAL – Appellant
Versus
KAILASAM – Respondent


ORDER

1. Heard learned counsel for the parties.

2. The Motor Accidents Claims Tribunal (for short the Tribunal) awarded compensation of Rs 8,08,704 in respect of father of the deceased (sic deceased father) by applying the multiplier as 24 and awarded a sum of Rs 1,50,000 for the son of the deceased. The High Court, on appeal, reduced the compensation for the father awarded by the Tribunal to Rs 4,91,600 by applying multiplier to be 12 and so far as the son is concerned the compensation was reduced to Rs 50,000.

3. So far as the compensation awarded for the son is concerned, learned counsel appearing on behalf of the appellants is not in a position to assail the same. He, however, assailed the reduction of compensation so far as the father is concerned. It has been submitted that indisputably age of the deceased at the time of his death was 41 years. The High Court determined, annual loss of dependency to be Rs 39,300, but it has applied 12 to be the multiplier and thereby fixed the compensation at Rs 4,71,600 and that apart Rs 20,000 has been added towards the loss of companionship. As the age of the deceased at the time of his death was 41 years, according to the Second Schedule

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