UNITED INDIA INSURANCE CO LTD Vs. BINDU

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Kerala High Court dismissing the appeal filed by the appellant questioning correctness of the award passed by the Motor Accident Claims Tribunal, Paravur (in short the MACT).

(3.) Background facts in a nutshell are as follows : One Anil lost his life in a vehicular accident on 17.6.1999. The respondents filed a Claim Petition in terms of Section 166 of the Motor Vehicles Act, 1988 (in short the Act). It was stated in the claim petition that when the deceased was driving a motor cycle, a tractor owned by respondent No.5 which was being driven in rash and negligent manner by respondent No.4 dashed against him and he suffered serious injuries. The vehicle was the subject matter of insurance with the present appellant (hereinafter referred to as the insurer). A claim of Rs.12,00,000/- was made. The stand taken by the insurer was that the accident took place only due to the negligence of the deceased and there was no negligence on the part of the driver. It was also submitted that there was no evidence regarding the income of the deceased and, therefore, the claim was highly exaggerated. It was indicated in the claim petition that the age of the deceased was 32 years and that he was getting Rs.7,427/- as monthly salary. The MACT found that the monthly income as claimed has been established. Adopting a multiplier of 17 the entitlement of the claim was fixed at Rs. 10,61,000/- with 9% interest from the date of filing of the claim petition. An appeal was filed before the High Court which dismissed the appeal on the ground that the award made was in order. It was submitted by learned counsel for the appellant that not only the claim of income was without any basis but also the multiplier has no rational basis. It is also submitted that the rate of interest awarded is high.