JAIN, J. - (1.) THESE two appeals are directed against the judgment dated 3. 5. 1991 passed by the Motor Accident Claims Tribunal, Jaipur, in MACT Cases Nos. 51/87 and 52/87 whereby the learned Tribunal awarded a sum of Rs. 22,000/- in MACT Case No. 52/87 in respect of injuries sustained by the injured claimant- appellant Sri Chand and Rs. 1,55,000/- in MACT Case No. 51/87 in respect of death of Late Sh. Kashi Ram, in an accident took place on 12. 10. 1986 arising out of the motor vehicle. Both these appeals have been filed by the injured appellant as well as legal representatives of the deceased Kashi Ram for enhancement of the amount of compensation. Both the appeals are directed against common judgment, therefore, they are being disposed off by this common order.
(2.) LEARNED counsel for the appellant submits that in the case of injured Sri Chand, the amount of compensation of Rs. 10,000/- on account of injuries as well as mental agony is inadequate and it should at least be enhanced to Rs. 20,000/ -. So far as compensation in respect of death of Kashi Ram is concerned, the learned counsel for the appellant submits that his age was 26 years and in view of statements of applicant witnesses, the deceased was earning more than Rs. 3,500/- per month. Therefore, the total amount of compensation of Rs. 8,81,000/-, as claimed in the claim application, should be awarded. Learned counsel for the respondents submits that so far as appeal filed by injured Sri Chand is concerned, he has no objection in enhancing the amount of compensation from Rs. 10,000/- to Rs. 20,000/- under the head of injuries and mental agony, but he opposes the enhancement of compensation in respect of deceased Kashi Ram to the tune of Rs. 8,81,000/- as claimed in the claim application. He submits that this is the case relating to the year 1986 and in absence of any documentary evidence for income of the deceased, the learned Tribunal was justified in presuming the income of the deceased as Rs. 900/- per month as at the relevant time the minimum wage was Rs. 31/- per day. He further submits that looking to the age of the deceased, multiplier of 20 was rightly applied by the learned Tribunal. I have considered the submissions of the learned counsel for both the parties and examined the record as also the impugned judgment dated 3. 5. 1991. So far as Appeal No. 448/91 filed by the injured Sri Chand is concerned, I enhance the amount of compensation on account of injuries as well as mental agony from Rs. 10,000/- to Rs. 20,000/-, in addition to Rs. 12,000/- awarded by the Tribunal in other heads. Therefore, the total amount of Rs. 22,000/-, awarded by the Tribunal, is enhanced to Rs. 32,000/- as compensation. The enhanced amount will carry interest also @ 6% per annum from 7. 1. 1987, the date of claim application, till the date of deposit of amount. So far as Appeal No. 460/91 filed by the legal representatives of deceased Kashi Ram is concerned, I find that in absence of documentary evidence in respect of the income of the deceased, the learned Tribunal was justified in assessing his income as Rs. 900/- per month as at that time, the minimum wage was Rs. 31/- per day. However, I find that looking to the age of the deceased as 26 years, the multiplier of 20 was wrongly applied. Before Motor Vehicle Act, 1988 came into force, the usual practice was to apply the multiplier on the basis of difference of age and the longevity of life. The longevity of life in some cases were taken as 60 years and in certain cases as 65 years.
(3.) AFTER considering the age and income of the deceased, I find that amount of compensation awarded is not just and reasonable and it is liable to be enhanced. Therefore, in the interest of justice, I think it fit and proper to apply the multiplier of 30 in the present case looking to the age of the deceased. Therefore, the amount of compensation comes to Rs. 600 x 12 x 30, i. e. , Rs. 2,16,000/ -. In addition to it, the amount of Rs. 11,000/- awarded by the Tribunal in other heads will also be added in this amount of compensation. Therefore, the total amount of compensation comes to Rs. 2,27,000/ -. Learned counsel for the appellant does not dispute that a sum of Rs. 1,55,000/-, as awarded by the Tribunal, has already been paid to the claimant- appellants and, as such, a direction is required to be issued to the respondents for payment of remaining amount of Rs. 72,000/ -. The appellants will also be entitled for the interest on this enhanced amount of Rs. 72,000/- @ 6% per annum from the date of claim application, i. e. , 7. 1. 1987, till the date of deposit of the amount in the Tribunal. Consequently, both the appeals are allowed. In Appeal No. 448/91 the amount of compensation is enhanced from Rs. 22,000/- to Rs. 32,000/- and in Appeal No. 460/91 the amount of compensation is enhanced from Rs. 1,55,000/- to Rs. 2,27,000/ -. In both the cases, an interest @ 6% per annum on the enhanced amount will also be paid from the date of filing of the compensation application, i. e. 7. 1. 1987, till the date of deposit of the amount in the Tribunal. The learned counsel for the respondents wants time to deposit the amount. Two months time is allowed to the respondents for the same. The Tribunal is directed to deposit the entire amount in the Monthly Income Scheme/fixed Deposit in the Post Office in the name of injured Sri Chand in Appeal No. 448/91 and in the name of appellant No. 1 Vimla Devi in Appeal No. 460/91 for a period of six years. The claimants Sri Chand and Smt. Vimla Devi will be entitled to receive interest on monthly/quarterly basis and rest of the amount will be received by them on the maturity of the MIS/fixed Deposit. There will be no order as to costs. .;