Leave granted.
Heard the learned counsel for the parties.
The only issue raised before us in this appeal is with regard to the multiplier
to be applied in respect of the claimant who was 26 years of age on the date of the
accident and had undergone permanent disability of 65% as his leg has been
amputated. The Motor Accident Claims Tribunal keeping in view the age of the
claimant, adopted a multiplier of 18 and awarded compensation amounting to Rs.
3,66,500/-.
The matter was then taken in appeal to the High Court by the present
respondent. The High Court has applied the multiplier of 12 and reduced the amount
of compensation to Rs.2,49,500/- with interest. This order of the High Court is under
challenge at the instance of the claimant.
As per the records, it has been found that the claimant was 26 years of age on
the date of the accident. In this view of the matter, we are of the opinion that a
multiplier of 18 was the proper and appropriate one and the application of a
multiplier of 12 by the High Court was clearly erroneous.
Accordingly, we set aside the order passed by the High Court and restore
that of the Tribunal. The appeal is allowed accordingly. There shall, however, be no
order as to costs.
We direct that the amount of compensation as awarded by the Tribunal shall
be paid, after adjusting the payment, if any, already made, within a period of twelve
weeks from today.