ALKA SARIN
Sushma Devi – Appellant
Versus
Balbir Singh – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh vide award dated 01.03.2012.
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation :
| Sr. No. | Heads | Compensation Awarded |
| 1 | Monthly income | Rs. 5,379/- |
| 2 | Deduction 1/2 | [Rs. 5,379 - Rs. 2,690] = Rs. 2,690/- |
| 3 | Annual income | [Rs. 2,690 x 12] = Rs. 32,280/- |
| 4 | Multiplier of 13 | [Rs. 32,280 x 13] = Rs. 4,19,640/- |
| 5 | Transportation and funeral expenses | Rs. 10,000/- |
|
| Total Compensation | Rs. 4,29,640/- |
|
| Interest | 7.5% per annum |
4. Learned counsel for the claimant-appellants would contend that though the income of the deceased was rightly assessed as Rs. 5,379/- per month and 50% deduction was applied correctly, however, multiplier of 13' has wrongly been applied by the Tribunal, whereas it ought to have been 18' keeping in view the age of the deceased be
Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram (2018) 18 SCC 130
N. Jayasree v. Cholamandalam M.S General Insurance Company Ltd. 2021(4) RCR(Civ) 642
National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680
The court established that the multiplier for compensation must reflect the deceased's age and future earning potential, ensuring all relevant compensation heads are adequately addressed.
The court established that compensation calculations must accurately reflect the deceased's age and include future prospects, modifying the award to Rs. 8,40,000/-.
The court established that compensation for loss of dependency must consider minimum wages, future prospects, and appropriate multipliers, ensuring just compensation for claimants.
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