IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No. 351 of 2005 Date of Decision: 16.12.2008 Smt. Guddo Devi & anr. Appellants. Versus. Rajindra Bus Service & ors. ….Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? For the Appellant(s): Mr. Ajay Chandel, Advocate. For the Respondent(s): Mr. Varun Chandel, Advocate vice Mr. Rajiv Jiwan, Advocate, for respondents 1 & 2. Mr. Ashwani Kumar Sharma, Advocate, for Respondent No.3. Deepak Gupta, J.(Oral) This appeal for enhancement of compensation has been filed by the claimants. The brief facts necessary for decision of the case are that the deceased Suresh Kumar son of Shri Mehar Singh, died in a motor vehicle accident which took place on 7.12.2001. The claimants are mother and brother of the deceased. In the claim petition, it was alleged that the brother of the deceased was studying at the time when the accident occurred and was dependent upon the deceased. The learned Tribunal followed a rather unique system of assessing - 2 - the compensation and assessed the compensation separately for the mother and the brother. He assessed compensation of Rs. 1,49,000/- for the mother and Rs. 1,01,000/- for the brother. To say the least, the system followed by the Motor Accident Claims Tribunal is not a recognized system under law. In India, we are normally following the multiplier system. The multiplier system takes into consideration the compensation payable to all the heirs. While apportioning the compensation, the Tribunal may apportion the compensation keeping in view the dependency of each claimant. However, the assessment cannot be made separately for each claimant. It stands proved on record from the statements of PW 1 and PW3 that the deceased was working as a driver with PW3 at a salary of Rs. 3,000/- per month. In addition thereto, he was getting Rs. 50/- per day as daily expenses. The total income of the deceased works out to Rs. 4,500/- per month. The learned Tribunal has not even discussed the statement of PW3 Himashu Sharma while assessing the income of the deceased. The brother of the deceased was 22 years old at the time of the accident whereas the deceased was 27 years old. Though it was alleged that the claimant brother was a student but there is no material on record except the oral statement of the mother in this behalf. He being a fully grown male, could not have been dependent upon his brother. - 3 - Before recording her statement, while giving the description, the age of the mother has been noted down as 45 years. The deceased was aged 27 years and therefore it would be reasonable to assume that the age of the mother would be between 45 – 50 years. Normally, 1/3rd of the income is deducted towards the expenses of the deceased. However, in this case, we are dealing with a taxi driver who was getting Rs. 50/- per day as daily allowance. Therefore, his personal expenses may have been a little more than 1/3rd because he was eating outside when he was away from his house. Therefore, it would be reasonable to deduct Rs.2000/- for the personal personal expenses of the deceased. This dependency of the mother is, therefore, Rs.2500/- per month. Keeping in view the age of the mother which was between 45 -50 years, the reasonable multiplier would be 13 and the compensation on account of loss of dependency works out to Rs.2500 x 12 x 13 i.e. Rs.3,90,000/-. In addition thereto, a sum of Rs. 10,000/- on account of conventional and funeral charges is also awarded. The total compensation, therefore, works out to Rs. 4,00,000/-. The claimants shall be entitled to interest at the rate of 7.5% per annum on this amount w.e.f. 2.1.2002, the date of filing of the claim petition till the date of deposit of the amount of compensation. - 4 - Needless to say that the amount already paid/deposited by the Insurance Company shall be adjusted while depositing the balance award amount. The insurance company is directed to deposit the enhanced balance amount within 8 weeks from today. Out of the total amount deposited, the claimant/appellant No.2 Shri Ajay Kumar shall be entitled to an amount of Rs. 50,000/- inclusive of interest. The entire balance amount including interest shall be paid to the mother only. Out of the total amount, a sum of Rs. 1,00,000/- only shall be released in favour of the mother / appellant No.1. The balance amount along with interest shall be invested in fixed deposit for a period of 5 years at the first instance and the interest occurring thereon shall be remitted to her bank account on quarterly basis. Shri Ajay Chandel learned counsel for the claimants is directed to furnish the bank account of claimant No.1 within a period of four weeks from today. The appeal is disposed of in the aforesaid terms. No costs. December 16, 2008. ( Deepak Gupta ), J. s.