ASHIM KUMAR BANERJEE,J. - (1.) THE victim died in an accident at the age of thirty-five years leaving him surviving his widow and children. THE widow was twenty-eight years old. She applied under Section 166 of the Motor Vehicles Act, 1988 for appropriate compensation. She also claimed that the victim was earning rupees ninety per day as a helper in a truck. THE Tribunal disbelieved the income and assessed it notionally as rupees fifteen hundred per month. THE Tribunal applied multiplier of fourteen. THE claimants are not happy. Hence, this appeal.
(2.) IT is true that the application was made under Section 166 however, considering the income of the victim it could have been made under Section 163A. There is no hard and fast rule to have ouster of the second schedule to the Section 163A being applied in a case under Section 166. In fact, the Tribunal applied the structured formula, while doing so, applied a wrong multiplier. The Tribunal held that the age of the wife and children should be taken into account. Even if the age of the widow is taken the multiplier should have been eighteen. Considering the age of the victim the multiplier should have been seventeen. We do not find any reason or basis behind choosing of multiplier of fourteen. On the question of monthly income, we wish to apply the ratio decided in the case of Lakshmi Devi & Ors. ?VS- Mohammad Tabbar & Anr. reported in 2008 Accident Claim Journal Page-1488 (Supreme Court). The accident in the case of Lakshmi Devi (Supra) occurred in 2004 whereas the present accident occurred in 2002. Hence, the Tribunal should have accepted the claim of the victim?s widow that he was earning rupees ninety per day. The appeal, thus, succeeds and is allowed. The compensation is recalculated as follows : Monthly Income - 2700.00 Deduction 1/3rd - - 900.00 --------------- 1800.00 Yearly Income - x 12 ---------------- 21600.00 17 Multiplier applied - x 17 ---------------- 367200.00 Medical Expenses - + 60000.00 Loss of estate, - + 9500.00 Funeral expenses & Loss of Consortium ----------------- 436700.00 S-140 award paid - - 25000.00 Rs.25000/- ----------------- 411700.00 Awarded amount - - 210000.00 paid Rs.210000.00 ------------------- Balance - 201700.00 The amount already paid as per the award or as per under Section 140 of the said Act of 1988 would be given credit. However, that amount would carry interest at the rate of 7% per annum on and from October 5, 2002 being the date of making of the application until the date of payment.
(3.) THE differential amount would also carry interest at the said rate on and from October 5, 2002 until it is actually paid. THE Insurance Company is directed to pay the differential awarded sum as well as the interest in the same proportion fixed by the Tribunal to the respective claimants through account payee cheques to be sent at their recorded address by registered post with acknowledgement due. Such payment must reach the claimants within four weeks from the date of communication of this order. THE appeal is disposed of accordingly without any order as to costs. The Registry is directed to send down the records at once, if received by this time. Urgent xerox certified copy of this order, if applied for, be given to the parties, on priority basis.;