Full Judgment
Y.K. Sabharwal, J.
(1) By the award dated 18/01/1991 the Motor Accident Claims Tribunal, New Delhi, awarded a compensation in the sum of Rs. UO.OOO.00 less Rs. 15.000.00paid under Section 92-A of the Motor Vehicles Act) i.e. Rs. 1,65,000.00 Along with costs and interest at the rate of 9%p.a. from the date of filing of the petition till the date of the award in favor of the appellants and against the respondents. The appellants aggrieved by the quantum of compensation have filed this appeal.
(2) The age of the deceased at the time his death was about 45 years.The annual dependency of contribution to the family of the deceased has been held in the impugned order to Rs. 12,000.00. The learned Tribunal has applied the multiplier of 15 years arid thus the total amount of compensation has been worked out to Rs. 1,80,000.00. The rate of interest awarded in the impugned award is 9/o p.a.
(3) The learned Counsel for the appellants has raised two contentions. Firstly, it is contended that/considering the state or health of the deceased and the average expectancy of life the multiplier of 25 years should have been applied.j The second contention is that interest at the rate of18% p.a. instead of 9% p.a. ought to have been allowed. Learned Counsel for the appellants has relied upon the decision of a Division Bench of this Court in Surinder Kumar and Another v. Jatinder Kaur and Others, : 47(1992)DLT298 upholding the multiplier of 40 years where the deceased was aged about 30 years on the date of accident. Reliance has also been placed on certain decisions awarding higher rate of interest. On the other land,learned Counsel for the respondents relies upon Smt. Rajendra Kumari and Another v. Smt. Shanta Trivedi and Others, : [1989]1SCR761 taking the normal span of life to be 60 years and granting interest at the rate of 12%p.a. In such matters there are no hard and fast rules. Each case depends upon its own facts. Having heard learned Counsel for the parties as also keeping in view the age of the deceased at the time of his death being 45years, the multiplier of 20 years would be just, reasonable and proper.Applying the said multiplier the appellants would be entitled to the amount of compensation of Rs. 2,40,000.00. After deducting the amount ofRs.l5,000.00already paid to the appellants as interim compensation the net amount of compensation payable to the appellants would work out to be Rs. 2,25,000.00instead of Rs. 1,65,000.00 as awarded in the impugned award. The interest at the rate of 12% p.a. would be just, reasonable and proper instead of 9%p.a. granted to the appellants under the impugned award.
(4) The amount of compensation has been apportioned by the learned Tribunal as under :-
1. Appellant No. 1 : Rs. 70,000.002. Appellant Nos. 2 & 3: Rs. 15.000.00 each3. Appellant No. 4 : Rs. 35.000.004. Appellant No. 5 : Rs. 30,000.00
(5) The learned Tribunal has also awarded costs and interest at the rate of 9% p.a. from the date of filing of the petition till the date of the award on the amount awarded. Part of the awarded amount was directed to be deposited in a bank in terms of the directions contained in the award dated 18/01/1991. The appellant No. 1, the widow of the deceased would be entitled to Rs. 20,000.00 out of the enhanced compensation and other appellants being appellants 2 to 5 would be entitled to enhanced compensation of Rs. 10,000/. All the appellants would be entitled to interest at the rate of 12% p.a. on the award of compensation as determined by thisjudgment. The interest will be payable from the date of filing of the petition till the date of the award. The respondents are directed to deposit or pay the enhanced compensation Along with interest to the appellants within a period of three months falling which the amount shall also carry interest at12% p.a. from the date of petition till realisation. The appeal is, accordingly allowed in part in the above terms leaving the parties to bear their owncosts.