Prem Chand and ors. Vs. Girdhari Lal @ Govardhan Das - 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. heard learned counsel for the parties.2. we do not find any ground to interfere with the impugned order.3. the civil appeal is, accordingly, dismissed.4. the appellants are, however, granted time till 31st january, 2010, to vacate the premises in question upon filing usual undertaking in this court within four weeks from today. it is directed that in case the appellants fail to vacate the premises in question within the aforesaid time, it would be open to the decree holder to file an execution petition for delivery of possession and in case such a petition has been already filed, an application shall be filed therein to the effect that the appellants have not vacated the premises in question within the time granted by this court. in either eventuality, the executing court is not required to issue any notice to the appellants. the executing court will see that delivery of possession is effected within a period of fifteen days from the date of filing of the execution petition or the application aforementioned. in case for delivery of possession any armed force is necessary, the same shall be deputed by the superintendent of police within forty eight hours from the date requisition is received therefor. it is also directed that in case anybody else, other than the appellants, is found in possession, he shall also be dispossessed from the premises in question.

Judgment:
ORDER

1. Heard learned Counsel for the parties.

2. We do not find any ground to interfere with the impugned order.

3. The civil appeal is, accordingly, dismissed.

4. The appellants are, however, granted time till 31st January, 2010, to vacate the premises in question upon filing usual undertaking in this Court within four weeks from today. It is directed that in case the appellants fail to vacate the premises in question within the aforesaid time, it would be open to the decree holder to file an execution petition for delivery of possession and in case such a petition has been already filed, an application shall be filed therein to the effect that the appellants have not vacated the premises in question within the time granted by this Court. In either eventuality, the Executing Court is not required to issue any notice to the appellants. The Executing Court will see that delivery of possession is effected within a period of fifteen days from the date of filing of the execution petition or the application aforementioned. In case for delivery of possession any armed force is necessary, the same shall be deputed by the Superintendent of Police within forty eight hours from the date requisition is received therefor. It is also directed that in case anybody else, other than the appellants, is found in possession, he shall also be dispossessed from the premises in question.