2012 Supreme(Raj) 1320
RAJASTHAN HIGH COURT
Dinesh Maheshwari, J.
Gajendra Singh and another - Appellant
Versus
Amar Lal Arora and Other - Respondent
Civil Misc. Appeal No. 251 of 1999.
Decided On : 10-02-2012
Advocates:
For the Appellant:Rajesh Panwar, Mohan Choudhary, Advocate.
For the Respondent:Sanjeev Johari, Advocate.
Headnote:A. Motor Vehicles Act, 1988 – S. 168 – deceased,17 years old and his parents were between 35 – 40 years, compensation of Rs. 1,80,000/ – awarded with interest @7.5 %p.a.
B. Motor Vehicles Act, 1988 – S. 168 – deceased,20 years old unmarried and his parents between the age of 50 years, hence it was held that the tribunal must applied multiplier of 13 instead of 11,as earning of deceased was Rs. 100/ – per day and compensation of Rs. 2,46,000 with interest @ 7.5% p.a, instead of Rs. 1,04,400/ – .
JUDGMENT
1. - These two miscellaneous appeals under Section 173 of the Motor Vehicles Act, 1988 ('the Act of 1988') by the claimants-appellants relating to the same vehicular accident and arising out of the common award dated 28.01.1999 as made by the Motor Accidents Claims Tribunal-I, Jodhpur ('the Tribunal') in the respective claim cases [Nos. 192/1994 (757/1995) and 193/1994 (758/1995)], have been considered together and are taken up for disposal by this common judgment.
2. The claim cases aforesaid were filed by the respective claimants-appellants seeking compensation for the loss suffered by them due to the demise of the victims Shri Surendra Singh and Shri Roop Singh in the same vehicular accident. The appellants are the parents of the said victims.
3. The Tribunal has awarded an amount of Rs. 1,08,000/- to the claimants-appellants of CMA No. 251/1999; and an amount of Rs. 1,04,400/- to the claimants-appellants of CMA No. 252/1999. The Tribunal has also allowed interest @ 12% per annum from the date of filing of the respective claim applications.
4. The claimants-appellants submit in each of the appeals that the amount awarded by the Tribunal is much on the lower side and needs to be enhanced.
5. The only question arising for consideration in these appeals being the quantum of just compensation, dilatation on all the background aspects does not appear necessary. Suffice is to notice for the present purpose that on 21.04.1994, the victims Surendra Singh and Roop Singh, while riding a bicycle, sustained injuries on being hit by the offending vehicle bearing registration No.RJ13 G-1113; and they expired due to such injuries. The Tribunal has found that the accident occurred for rash and negligent driving of the said vehicle bearing registration No. RJ13 G-1113; and has held the persons related with the vehicle, the non-applicants Nos.1 & 2, liable for compensation.
6. The Tribunal has carried out quantification of compensation in the respective claim cases as follows:
CMA No. 251/1999:
7. In the claim case relating to CMA No. 251/1999 [Claim SBCMA No. 251/1999. Case No. 192/1994 (757/1995], the Tribunal has found that the deceased Surendra Singh was aobut 17 years of age and was studying in 7th standard. The Tribunal has disbelieved the assertion of the claimants that the deceased was earning about Rs. 1000/- per month. The Tribunal has considered various aspects relating to the future including likelihood of marriage of the victim and has put an estimate on the dependency of the claimants-parents at Rs. 500/- per month; and looking to the age of the parents in the bracket of 35-40 years, has considered it proper to assess the pecuniary loss at Rs. 96,000/- with application of multiplier of 16. The Tribunal has further awarded general damages to the claimants in the sum of Rs. 12,000/- and in this manner, has made the award in the sum of Rs. 1,08,000/-.
CMA No. 252/1999:
8. In the other claim case relating to CMA No. 252/1999 [Claim Case No. 193/1994 (758/1995)], the Tribunal has considered the fact that the deceased Roop Singh was about 20 years of age, who was an unmarried person and was earning as a mason. In this case also, the Tribunal has taken into consideration the future aspects about likelihood of marriage of the victim and has put an estimate on the dependency of the parents at Rs. 700/- per month; and has assessed the pecuniary loss at Rs. 92,400/- with application of SBCMA No. 251/1999. a multiplier of 11 on the consideration that the parents were above 50 years of age. In this case also, the Tribunal has awarded general damages in the sum of Rs. 12,000/-; and in this manner, has made the award in the sum of Rs. 1,04,400/-.
9. The learned counsel for the appellants has strenuously argued for enhancement of compensation in these cases with the submissions that the amount awarded by the Tribunal on the facts and in the circumstances of the case, remains much on the lower side and is not that of just compensation. On the ot
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