RAKESH KUMAR Vs. RAMSINGH

JUDGEMENT

(1.) THE finding of the tribunal that respondent No. 1 was responsible for causing the accident is not assailed before us, it is also not disputed that the offending vehicle was owned by respondent No. 2 and was insured with respondent No. 3 at the time of the accident. Thus, the tribunal held that the respondents No. 1 to 3 are jointly and severally liable to pay the compensation to the appellants. This finding of the tribunal is affirmed. Learned counsel for the appellants submitted that looking to the age of the deceased, the tribunal has applied a lower multiplier of 15 instead of 18. He further submitted that the tribunal wrongly deducted half of the amount of the salary of the deceased instead of l/3rd amount. We find force in the submissions of the learned counsel for the appellants. The monthly salary of Mansharam was Rs. 1200/-, as is clear from Ex. P-1. Thus, deducting conventiona11/3rd amount, which the deceased must have been spending on himself during his life time, the dependency of the appellants comes to Rs. 800/- per month and annually Rs. 9,600/-. Looking to the age of the deceased, in our opinion, multiplier of 18 should be applied to determine the future loss of dependency, which comes to Rs. 1,72,800/-. To this, we add another sum of Rs. 27,200/- towards compensation on other heads like loss of consortium, loss of love and affection, loss of company, funeral expenses, etc. Thus, the appellants are entitled to recover from the respondents No. 1 to 3 jointly and severally a sum of Rs. 2,00,000/-. The appeal is, therefore, partly allowed. The impugned award is modified to the extent indicated above. The enhanced amount shall carry interest @ 6% p.a. from the date of the application till it is actually paid. The respondent No. 3 shall bear the costs through out. Counsel's fees Rs. 1,000/-, if certified.