S IN THE HIGH COURT OF JUDICATURE AT PATNA

MA No.438 of 2004

RAMAN PRASAD & ORS

Versus

UMESH PRASAD PATEL & ORS

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11.7.2008

Appellant Raman Prasad and five others have filed this appeal

for setting aside the Judgment dated 13.7.2004 and Award signed on 23.7.2004

passed by Sri M.Sahoo, Additional District Judge-V, Patna-Motor Accident

Claim Tribunal in Claim Case No.64/2001.

Heard learned counsel for the claimants-appellants and Sri

Durgesh Kumar Singh, learned counsel for United India Insurance Com pany

Limited.

Claimant-appellant no.1 Raman Prasad is father of the deceased

Barun Kumar, who at the time of his death was 19 years old and was working

as an employee of M/S. Raj Construction at Mahatma Gandhi Setu, Patna. He

was engaged in toll collection since 10.7.2000 and was getting Rs.2000/- per

month by way of his monthly salary.

On 30.9.2000 at about 5.45 P.M. a truck bearing Registration

No.BR-06G-9009 belonging to one Pushpanjali Gas Service driven by its

driver Umesh Prasad Patel dashed the deceased while he was engaged in the

process of toll collection and the driver managed to flee away with the vehicle.

The deceased Barun Kumar died at the spot. The death occurred due to rash

and negligent driving of the driver.

The matter was brought before the Claims Tribunal and the

learned Presiding officer of the Tribunal held the income of the deceased at

Rs.2000/- per month and deducted 1/3^rd of the claimed amount taking into

consideration of his life expectancy and again deducted 1/3^rd from the

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remaining 2/3^rd 9f the income of the deceased so as to hold that the claimants

were only entitled to Rs.1, 36,100/- by way of compensation. Out of the same,

Rs.50, 000/- was deducted which was paid earlier as interim relief and so the

balance amount of Rs.86,100/- was directed to be paid to the claimants. The

interest @ 6% simple from the date of claim was also allowed..

Learned counsel for the appellants has relied upon a decision of

the Hon’ble Apex Court reported in SCC, 2008(4)259.

Learned counsel for the Insurance Company Sri Singh in all

fairness has rightly submitted that either of the age of the deceased or the

parent-claimant whichever is more is to be considered for the purpose of

application of Multiplier system.

Here, it is admitted fact that the appellant-claimant, father of the

deceased at the relevant time of death of his son was 54 years old and so there

will be application of Multiplier system of 11, treating the income of the

deceased @ Rs.24,000/- per annum.

So, deducting 1/3^rd from Rs.24,000/- p.a. it comes to Rs.16,000/-

per annum which multiplied by 11 will come to Rs.1,76,000/-. So. the

claimants-appellants will be entitled to Rs.1.76,000/- only. The rate of inertest

as decided @ 6% per annum from the date of the claim shall remain in force.

Accordingly, this appeal is allowed with the aforesaid

modifications in respect of the quantum of compensation.

SKBOSE

(Subash Chandra Jha)