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TMI Blog2006 (7) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to as the 'Claimants'). One Rajveer Singh (hereinafter referred to as the 'deceased') died in a motor accident on 29.11.1990. The claimants filed a claim petition under the Motor Vehicles Act, 1988 (in short the 'Act'). Age of the deceased was around 36 years and he is earning monthly salary of ₹ 2300/- per month. Though claim of agricultural income was made, the Tribunal did not accept the same. It adopted multiplier of 22 on the ground that the deceased had 22 years of service left. It was further noted that thereafter the deceased would have got pension. The widow of the deceased and children were awarded ₹ 20,000/- towards love and affection, and ₹ 5,000/- for funeral rites. After adopting a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eath? The answer to this lies in the oft quoted passage from the opinion of Lord Wright in Davies v. Powell Duffryn Associated Collieries Ltd. (All ER p.665 A-B) which says: The starting point is the amount of wages which the deceased was earning, the ascertainment of which to some extent may depend on the regularity of his employment. Then there is an estimate of how much was required or expended for his own personal and living expenses. The balance will give a datum or basic figure which will generally be turned sum, however, has to be taxed down by having due regard to uncertainties, for instance, that the widow might have again married and thus ceased to be dependent, and other like matters of speculation and doubt. There were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But....there are many factors which might have led to variations up or down in the future. His earnings might have increased and with them the amount provided by him for his dependants. They might have diminished with a recession in trade or he might have had spells of unemployment. As his children grew up and became independent the proportion of his earnings spent on his dependants would have been likely to fall. But in considering the effect to be given in the award of damages to possible variations in the dependency there are two factors to be borne in mind. The first is that the more remote in the future is the anticipated change the less confidence there can be in the chances of its occurring and the smaller the allowance to be made fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessed. In the ordinary case of the death of a wage-earner that figure is arrived at by deducting from the wages the estimated amount of his own personal and living expenses. The assessment is split into two parts. The first part comprises damages for the period between death and trial. The multiplicand is multiplied by the number of years which have elapsed between those two dates. Interest at one-half the short-term investment rate is also awarded on that multiplicand. The second part is damages for the period from the trial onwards. For that period, the number of years which have based on the number of years that the expectancy would probably have lasted; central to that calculation is the probable length of the deceased's worki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to have been adopted taking note of the prevalent banking rate of interest. In Susamma Thomas's case (supra) it was noted that the normal rate of interest was about 10% and accordingly the multiplier was worked out. As the interest rate is on the decline, the multiplier has to consequentially be raised. Therefore, instead of 16 the multiplier of 18 as was adopted in Trilok Chandra's case (supra) appears to be appropriate. In fact in Trilok Chand's case (supra), after reference to Second Schedule to the Act, it was noticed that the same suffers from many defects. It was pointed out that the same is to serve as a guide, but cannot be said to be invariable ready reckoner. However, the appropriate highest multiplier was held to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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