M.A. No.2503/2015 27.04.2017 Shri J.L. Soni, learned counsel for the appellants. None for respondent No.1.
Shri Rakesh Jain, learned counsel for the respondent No.2.
With the consent of learned counsel for the parties, heard finally.
Assailing the award dated 26.09.2015 passed by the Additional Motor Accident Claims Tribunal, Bhopal, in Claim Case No.283/2014, on the point of inadequacy of the compensation, the appellant has preferred this appeal under Section 173 (I) of the Motor Vehicles Act, 1988.
The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.31,00,000/- on account of death of their son Naresh, on the ground that, on 05.01.2014, deceased Naresh aged 25 years while traveling as a pillion rider on motor cycle No.MP04 VM 7686 being driven by respondent No.1 rashly and negligently slipped, as a result, the deceased suffered grievous injuries and later on succumbed to the same.
The Claims Tribunal considering the income of the deceased as Rs.4,500/- per month and applying the multiplier of 14 as per the age of the parents, awarded an amount of Rs.3,78,000/-, after deducting 50% towards personal expenses. The Tribunal has also awarded Rs.25,000/- as funeral expenses and a total amount of Rs.4,03,000/- was awarded as compensation to the parents of the deceased.
Counsel for the appellants submits that the Tribunal has applied incorrect multiplier as the multiplier ought to have been applied according to the age of deceased and instead of 14 a multiplier of 17 ought to have been applied by the Tribunal.
The Apex Court in Munna Lal Jain and Anr vs. Vipin Kumar Sharma and others (2015) 6 SCC 347, following the three judges Bench decision in Reshma Kumari & Ors vs Madan Mohan & Anr (2013) SCC 65 held that multiplier is to be used with reference to the age of deceased.
In the present case, the age of deceased was 25, hence appropriate multiplier would be 17, the dependency would be Rs.4,59,000/- (2250x12x17). Thus, the total amount of compensation payable to the appellants by the respondent will be Rs.4,84,000/-. The enhanced amount of Rs.81,000/- shall carry an interest @ 6% per annum from the date of filing of claim petition till its realization.
It is submitted by Shri Rakesh Jain, learned counsel for the respondent/Insurance Company that the amount is payable by the respondent No.1, however, there is a direction for pay and recover. Hence, the respondent/Insurance Company is directed to pay the enhanced amount within a period of two months. The Insurance Company shall be entitled to recover the same from the owner of the vehicle.
Resultantly, this appeal is allowed, with the aforesaid direction.
(Nandita Dubey) Judge vs