JUDGMENT
J.P. Singh, J.
1. Questioning only the quantum of compensation awarded by the Tribunal to the claimants, the New India Assurance Company has filed this appeal against award dated 28-10-2006 of Motor Accidents Claims Tribunal, Jammu, awarding an amount of Rs. 7,14,408/- along with interest @ 6% per annum to the widow, three daughters, a son and the mother of one S. Mani Singh who died on 21st of May, 2004 at Satwari Chowk, Jammu in a Motor Vehicular Accident because of the rash and negligent driving of Truck No. JKO 2U-8837 by its driver, Jagmeet Singh.
2. Appellant’s learned Counsel submits that the Tribunal has gone wrong in noticing the correct multiplier for the age group of person like the deceased and going by the facts emerging from the statement of claimant’s witness, Kuldeep Raj, the multiplier cannot be higher than ten (10) in the case. His further plea is that multiplicand needs to be determined, keeping in view the admission of the widow that the employer of the deceased has been paying half of the salary of the deceased to her.
3. Mr. G.S. Sarkaria, learned Counsel for the claimants, on the other hand, justifies the quantum of compensation awarded by the Tribunal relying on uncontroverted evidence led by the claimants in support of their claim.
4. I have considered the submissions of learned Counsel for the parties and the law cited on the subject.
5. The claimants, besides leading other evidence, produced Kuldeep Raj, an employee of the University of Jammu who had proved the date of birth, date of retirement and the salary which the deceased was drawing at the time of his death. The widow of the deceased too has admitted that after the death of the deceased, she has been receiving half of his salary from the University.
6. In view of the evidence led by the claimants, it stands conclusively proved that the deceased was 45 years and 11 months of age at the time of his death. Rounding of, his age would thus come to 46 years. The Second Schedule issued under Section 163A of the Motor Vehicles Act prescribes 13 as the multiplier for persons in the age group of 45 years to 50 years. The Tribunal, therefore, appears to have committed an error in noticing the prescribed multiplier for the age group of persons between 45 years to 50 years. The error committed by the Tribunal therefore needs to be corrected. The compensation payable to the claimants would also resultantly require re-assessment by adopting a suitable multiplier.
7. To find a suitable multiplier, regard needs to be had to the deprivation, to which the family of the deceased has been put to because of the exit of the sole bread winner of the family and the obligation which the widow has to discharge in the absence of her husband, in bringing up, educating and arranging for the marriage of three daughters and the son, besides taking care of herself and the aged mother of the deceased. At the same time, it has to be kept in mind that the family of the deceased had not been wholly deprived of the salary which he had been bringing home. This is so because the wife of the deceased has admitted that she was getting half of the salary, which the deceased had been getting, from the University.
8. Deducting 1/3rd of the income which the deceased had been getting at the time of his death from out of his income as the expenses which he would have spent on him, the money which he can be said to have been spending on the family would come to Rs. 4056/- which when rounded would come to Rs. 4100/-. Multiplied by 12, the loss of annual dependency would come to Rs. 49200/-.
9. The next question which would fall for consideration is as to what should be the appropriate multiplier in the present case when the family of the deceased has to get half of the salary of the deceased for some time.
10. Keeping in view the rising prices and the likelihood of deceased getting enhanced salary, had he survived, meager amount of about Rs. 3000/- which the family of the deceased may be getting from the University and that too only for some time, cannot justify adopting ten (10) as the appropriate multiplier because the amount of compensation determined on the basis of this multiplier may not suitably compensate the family for the financial loss which it has to suffer because of the death of its bread earner. I, therefore, do not accept the suggestive plea of learned Counsel for the appellant that the multiplier in this case should not have been more than (10).
11. While selecting a suitable multiplier, it is to be kept in mind that the compensation awarded on the basis of the suitable multiplier yields so much monthly amount on the awarded compensation amount to the family of the deceased which may keep the family in comfortable financial position as had been expected by the family from their bread winner.
12. Taking into consideration widows’ receiving a monthly amount of Rs. 3000/ from the employer of the deceased, which is likely to continue for some time and keeping all other facts and circumstances of the case in view, particularly the widow’s responsibility to feed the family, educate the children and arrange for the marriage of unmarried daughters, besides taking care of herself and the aged mother, I am of the view that (11) should be the appropriate multiplier in the present case with which when multiplied with the annual dependency would determine the approximate compensation. Calculated thus, the multiplicand would come to Rs. 5,41,200/-, Adding an amount of Rs. 15000/-, awarded as loss of consortium to the widow, Rs. 15000/- as loss of estate and Rs. 3000/- as funeral expenses, the just compensation to which the claimants would be entitled to comes to Rs. 5,74,200/-
13. Modifying the findings of the Tribunal on issue No. 2 and its award dated 28/10/2006, an award for an amount of Rs. 5,74,200/- against the respondent-owner of Truck No. JK02U-8837, minus the interim compensation, if received, is awarded in favour of the claimants and against the owner of the offending vehicle along with interest @ 6% per annum from the date of filing of claim petition till payment was made. The amount awarded shall be satisfied by the appellant-New India Assurance Company Limited. Out of the awarded amount, a sum of Rs. 50,000/- each shall be payable to the daughters and son of the deceased, which amount shall be kept in a fixed deposit till they attain their majority or marriage, which ever is earlier. An amount of Rs. 50,000/- shall be paid to the mother of the deceased and rest of the amount shall be paid to Satwinder Kour, the widow of the deceased, who shall keep half of the amount in a fixed deposit for a period of 5 years with liberty to draw monthly interest\thereon, if required.
14. This appeal is, accordingly, allowed and the Tribunal’s award modified on the above terms.
15. Registrar Judicial to release the awarded amount along with interest accrued thereon in favour of the claimants on their proper identification. The excess amount deposited by the appellant in this Court along with interest accrued thereon shall be released in favour of the appellant-New India Assurance Company.
