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Chairman And Managing Director, ... vs M. Lakshmi And Others on 9 June, 2000 cites

U.P. State Road Transport Corporation ... vs Trilok Chandra & Others on 7 May, 1996

11. As regards the determination of just compensation under Motor Vehicle Act, the Tribunal though applied the multiplier method, wrongly took 10 as multiplier by taking into account the age of the deceased as 47 years as per Ex.A2. By taking into account the earnings of the deceased the Tribunal has taken Rs.800/- as contribution towards family and in all awarded a total compensation of Rs.1,18,500/-. Salary of the deceased as per Ex. A3 was approximately 1500 and by deducting l/3rd towards personal expenses Rs.1000/- can be taken as contribution to the family, which annually conies to Rs.I2,000/-. As per the evidence of PWs. 1 and 2, they deposed that the deceased was aged about 40 years. Except their oral version, no documentary evidence was produced to show that the deceased was aged about 40 years. In the absence of any evidence, the learned Judge relied upon Ex.A2 post-mortem certificate which indicates approximate age of the deceased as 47 years. Considering Ex.A2, in the circumstances, I take the age of the deceased as 47 and by applying the multiplier 12 as per the decision of the Apex Court in Ultar Pradesh State Road Transport Corporation v. Trilok Chandra, , the loss of dependency comes to Rs.1,44,000/- (ie, Rs.12,000 x 12). The appellants are entitled to Rs.15,000/-each towards loss of estate and loss of consortium. Thus the total compensation works out to Rs.l,74,000/-. I am afraid, I cannot grant more than the amount claimed in the claim petition, since the total compensation claimed in the claim petition is Rs.l,50,000/-, the compensation is restricted to Rs.l,50,000/-.
Supreme Court of India Cites 10 - Cited by 1415 - Full Document
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