State of Haryana Vs. Jaswinder Singh @ Sindu - Court Judgment

Excerpt:
- motor vehicles act (59 of 1988)section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation - multiplier method held, it involves ascertainment of loss of dependency or multiplicand. choice of multiplier is determined by age of deceased and by calculation as to what capital sum would yield the multiplicand by way of annual interest. section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation determination - deceased riding scooter died in accident with bus - he was aged 43 years and earning rs. 12000/-p.m. as contractor applying multiplier of 10 and making 1/3rd deduction claimants would be entitled to compensation of rs.2,40,000/- with interest @ 6% p.a. section 168 :[dr.arijit pasayat & asok kumar ganguly,jj] compensation multiplier method held, the multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case and capitalising the multiplicand by an appropriate multiplier. the choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. in ascertaining this, regard should also be had to the fact that ultimately the capital sum should also be consumed up over the period for which the dependency is expected to last. deceased aged 43 years at time of accident and was hawker. multiplier of 10 and rate of interest @ 6% p.a. would be appropriate and not multiplier of 15 and interest rate @ 9% p.a. fixed by high court. compensation was determined at rs.2,00,000/- with interest at 6% p.a. order1. leave granted.2. having heard the learned counsel appearing on behalf of the parties, we are of the opinion that as the date of birth of the respondent-accused is in question in these matters and the courts below have taken contrary views, interest of justice would be sub served if before final determination of the question as to whether the respondent- accused was a juvenile or not on the date of occurrence, within the meaning of the juvenile justice (care & protection of children) act, 2000, he is examined by a medical board constituted by the civil surgeon, kaithal. we direct accordingly.3. the report of the medical board may be placed before the learned trial judge, within three months from date, for consideration thereof afresh.4. the registry shall send a copy of this order to the civil surgeon, district kaithal, punjab.5. the appeals are disposed of accordingly.

Judgment:
ORDER

1. Leave granted.

2. Having heard the learned Counsel appearing on behalf of the parties, we are of the opinion that as the date of birth of the respondent-accused is in question in these matters and the Courts below have taken contrary views, interest of justice would be sub served if before final determination of the question as to whether the respondent- accused was a juvenile or not on the date of occurrence, within the meaning of the Juvenile Justice (Care & Protection of Children) Act, 2000, he is examined by a Medical Board constituted by the Civil Surgeon, Kaithal. We direct accordingly.

3. The report of the Medical Board may be placed before the learned Trial Judge, within three months from date, for consideration thereof afresh.

4. The Registry shall send a copy of this order to the Civil Surgeon, District Kaithal, Punjab.

5. The appeals are disposed of accordingly.