- (1.) HEARD Sri Arun Kumar Shukla, learned counsel for the appellant and Sri M.N. Siddiqui, appearing on behalf of the claimant-respondents. With the consent of the learned counsel for the parties, the Appeal is being disposed of at the admission stage itself.
(2.) THE appellant is the insurer of the truck, bearing registration No. UP-78-BT-5877, which was involved in the accident. On 3.6.2011, when one Sachin Verma alongwith his friend, Sachin Katiyar was going for morning walk, both have been hit by the aforesaid truck as a result of which both died on the spot.?? This Appeal arises from the claim petition filed by the parents of Sachin Verma, who died in the accident.? The Tribunal by the impugned judgment awarded a compensation at Rs.3,59,000/=. Learned counsel for the appellant submitted that the multiplier applied for determining the amount of compensation is not correct and as such the quantum of compensation is excessive.? He further submitted that the age of the deceased was about 19 years and the age of mother was 39 years and the father? was aged about 41 years.? The Tribunal erred in applying the multiplier of 18, having regard to the age of the deceased, relying upon the decision of the? two Judges' Division Bench? of the Apex Court in the case of Amrit Bhanu Shali and others vs. National Insurance Co. Ltd. and others, reported in 2012 (4) TAC 775, while in the case of UPSRTC? and others vs. Trilok Chandra and others, reported in 1996 (2) TAC 286, a Three Judges' Bench of the Apex Court has held that if the deceased is a bachelor and his dependents are his parents, the age of parents shall be relevant for the choice of the multiplier.? The said judgment has been followed by another Division Bench of the Apex Court, in the case of National Insurance Co. Ltd. vs. Shyam Singh and others, reported in 2011 (3) TAC 625.? He submitted that in the case of? Amrit Bhanu Shali and others vs. National Insurance Co. Ltd. and others (supra),? while observing that the selection of multiplier is based on the age of the deceased and not on the basis of the age of the parents, the Division Bench of the Apex Court has not considered the ratio laid down by the Three Judges' Bench decision of the Apex Court in the case of UPSRTC and others vs. Trilok Chandra and others (supra). Learned counsel for the claimant-respondents submitted that there is no error in the impugned judgment of the Tribunal as it is based on the decision of the Apex Court in the case of? Amrit Bhanu Shali & others vs. National Insurance Co. Ltd. & others (supra). ? He further submitted that in case if the average age of parents is to be taken at 40 years, the multiplier of 14 has to be applied in accordance with the decision of the Apex Court in the case of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 as a result of which there will be difference in the amount of compensation of? Rs.54,000/= only. ?I have considered rival submissions and perused the record.?
(3.) IN the present case, the only dispute is with regard to? number of multiplier.? The? Tribunal has applied multiplier of 18 times,? having regard to the age of the deceased.? There is no dispute that the deceased was unmarried and the parents are the only dependents.? The sole question in the present case is whether the multiplier is to be applied on the basis of the age of the deceased or on the basis of the average age of the parents. ?;