- (1.) By way of this appeal, the claimants seek enhancement over the amount of compensation awarded by the Tribunal on account of accidental death of their son Kaushik Patel, about 29 years of age.
(2.) The Motor Accidents Claims Tribunal, Dungarpur in its impugned award dated 18.07.2006 made in Claim Case No. 136/2005, for the purpose of quantification of compensation for the parents of the victim, has noticed the submissions of the claimants-appellants that the deceased was earning from his books and stationery shop and was contributing Rs. 9,000/- per month to the family; has noticed the statements of AW-1 Ishwarbhai, father of the victim, that the deceased was proprietor of the stationery business and now he was continuing with the same business as proprietor; and has also noticed the fact that earlier the claimant Ishwarbhai and the victim Kaushik were carrying on the same business together. The Tribunal has observed that when the deceased and his father were carrying on the same business together, the business income was not earned with the efforts of the deceased alone. The Tribunal has also noticed that the father of the victim, AW-1 Ishwarbhai, asserted the income of such business establishment at Rs. 12,000/- to 14,000/- per month whereas their alleged employee, AW-2 Manohar Lal, stated such income at about Rs. 15,000/- to 20,000/- per month; but has found such statements bereft of any basis. The Tribunal has also noticed that the relevant evidence in the form of accounts and returns were not produced in proof of the business income and in the overall circumstances of the case, has put an estimate on the income of the deceased at Rs. 4,500/- per month, i.e., Rs. 54,000/- per annum. After deducting one-third from such estimated income, the Tribunal has taken loss of contribution for the claimants at Rs. 36,000/- per annum; and with reference to the age of the mother- claimant at 52 years and that of father-claimant at 58 years, the Tribunal has observed that a multiplier of 8 could have been applied but with reference to the decision of the Hon ble Supreme Court in the case of Tamil Nadu State Transport Corporation v. S. Rajapriya has observed that in every case, the multiplier as provided by Second Schedule is not required to be applied.
(3.) In the overall circumstances of the case, the Tribunal has considered it appropriate to apply a multiplier of 5 to assess pecuniary loss of the claimants at Rs. 1,80,000/- (36,000 x 5). The Tribunal has further allowed Rs. 10,000/- to each of the claimants towards non-pecuniary loss and further Rs. 1,000/- towards funeral expenses; and in this manner has made the total award in the sum of Rs. 2,01,000/- and has allowed interest @ 6% per annum from the date of filing of the claim application.;