Rekha Goyal (Smt.) and ors. Vs. Alim and ors. - Court Judgment

Excerpt:
motor vehicles act, 1988 - section 173--appeal-compensation-when can be enhanced-death case--as per income tax return, date of birth of deceased is 09.11.1953 and, therefore, he was 44-45 years of age at the time of accident--tribunal applied multiplier of 12 and awarded rs.10,36,096/- as compensation--held, multiplier of 15 should have be applied-appellants claimant entitled to get rs. 2,46,024/- by way of additional enhanced compensation. - - 3. learned counsel for the appellant submits that the learned tribunal has failed to award adequate compensation as multiplier of 12 has been adopted whereas it should have been 15 as the date of birth of deceased was 09.11.1953 as per his income tax return ex.guman singh, j.1. this appeal has been preferred on behalf of appellant-dependents of deceased rajeev goyal for enhancement of compensation awarded by the learned motor accident claims tribunal, jaipur city, jaipur vide judgment dt. 11.10.1999 whereby a sum of rs. 10,36,096/- was awarded by way of compensation for the death of deceased in the accident.2. the only challenge in the appeal pertains to quantum of compensation only.3. learned counsel for the appellant submits that the learned tribunal has failed to award adequate compensation as multiplier of 12 has been adopted whereas it should have been 15 as the date of birth of deceased was 09.11.1953 as per his income tax return ex.18. it is also submitted that vide letter dt. 28.03.1999, the tribunal was informed by the concerned department of deceased that his date of birth was 09.11.1953. thus the age of the deceased on the date of accident was between 44 to 45 years. it is further submitted that by adopting the guidelines of hon'ble supreme court in sarla verma and anr. v. dtc and ors. : 2009(6)scc 121, a multiplier of 15 deserves to be adopted.4. per contra, learned counsel for the respondents supported the judgment of the tribunal and submitted that the learned tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 5. on hearing rival contentions, and going through the award as also record of the case, it is revealed that as per income tax return, date of birth of deceased is 09.11.1953 and there is no reason to disbelieve this documentary evidence and, as such, age of deceased is taken to be 44-45 years at the time of accident and accordingly instead of a multiplier of 12, a multiplier of 15 deserves to be adopted by applying the guidelines of hon'ble apex court in sarla verma's case (supra) and amount of compensation can be computed as under:rs. 6834x12x15(multiplier)=rs. 12,30,120-(minus)rs. 9,84,096/-(already awarded)=rs. 2,46,024/- (to be additionally awarded)6. accordingly, appeal of the appellants is partly allowed and the award passed by the learned tribunal is modified to the extent that the appellants shall get a sum of rs. 2,46,024/- by way of additional enhanced compensation from the date of appeal i.e. 06.12.1999, with 6% interest to be paid within three months. thereafter interest shall be paid @ 9% per annum. the rest of the terms of award shall remain unchanged. record be sent forthwith.