The insurer's liability under Section 95(2)(a) of the Motor Vehicles Act, 1939, extends to each person injured in an accident, not limited to a single entity.

S. C. MOHAPATRA, J.

( 1 ) OWNER is the appellant in these two appeals under S. 110-D of the Motor Vehicles Act, 1939 (for short 'the Act' ).

( 2 ) QRU 1785, a truck, was involved in an accident on 30th Aug. , 1979. Sriram Sharma and Sesh Mohan Dash were occupants in the vehicle at the time of accident and sustained fatal injuries on that account. Dependants of deceased Sriram Sharma filed one claim petition and the dependants of deceased Sesh Mohan Dash filed another claim petition. Bath the claim petitions were heard together and the tribunal has found that the accident was on account of negligent driving of the vehicle as a result of which both the two deceased persons sustained fatal injuries to succumb on the spot. Just compensation to the dependants of deceased Sesh Mohan Dash was determined at Rs. 60,000/- and the same in respect of dependants of deceased Sriram Sharma was Rs. 35,000/ -. In both the cases the insurer was made liable up to the statutory limit.

( 3 ) MR. A. K. Bose, the learned counsel for the appellant, submitted that the; award of Rs. 60,000/- to the dependants of deceased Seshmohan Dash by applying the principle of 15 times multiplier of purchaser is unjust since the deceased aged about 46 years was a Sub-Inspector of Police getting a monthly salary of Rs. 800/- and his dependants are getting family pension under the State Government Rules. Tribunal adopting the method of multiplier of years' purchase has come to the conclusion that the dependants are entitled to a compensation of Rs. 90,000. 00/ -. However, on account of benefits available, he reduced it to Rs. 60,000/- which he determined as the just compensation. Application of the method of multiplier is a well accepted principle. If at all the claimants could have made a grievance owner in this case should not be permitted to make a grievance of the same. While considering the actual loss of dependency, the normal longevity of a person at Seventy years is to be kept in mind. The family pension as per the rules is also reducible. A Sub-Inspector of Police had chance of promotion and there was also chance of escalation of pay and allowances during his service career. His liability would have continued till his death in respect of some of the claimants. In such circumstances, I am not inclined to interfere with the determination of the just compensation.

( 4 ) WHILE not challenging the just compensation payable to the dependants of deceased Sriram Sharma, Mr. Bose, the learned counsel for the appellant submitted that the Tribunal should have given specific direction relating to the liability of the insurer. Mr. Bose is justified in that regard. Where two independent set of claimants claim separately and the statute limits the liability of the insurer, clear direction should have been given by the Tribunal.

( 5 ) MR. S. S. Basu, the learned counsel for the insurer submitted that the accident being one, the liability of the insurer is to the extent of Rs. 50,000/- only and not more. Mr. Bose, the learned counsel for the appellant relied upon the decision reported in AIR 1981 SC 2059 (Motor Owners' Insurance Co. Ltd. v. Jadavji Keshavji Modi) and submitted that the principle is applicable in the present case also and in case of each death, the insurer is liable to the extent of Rs. 50,000/ -.

( 6 ) SECTION 95 provides for the requirement of policies of insurance and the limits of the liability of an insurer as provided in Sub-Sec. (2) thereof. Sub-Sec. (2) (a) reads as follows :-"subject to the proviso to Sub-Sec. (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :- (a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the Workmen's Compensation Act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in