LAWS(KAR)-2011-8-108

NATIONAL INSURANCE CO., LTD., MARATHAHALLI BRANCH THROUGH ITS REGIONAL OFFICE - 144, SUBHARAM COMPLEX M.G. ROAD, BANGALORE - 560001, REP BY ITS ADMINISTRATIVE OFFICER SMT. D. KARTHIKA Vs. SMT. SAMPANGAMMA

Decided On August 17, 2011
National Insurance Co., Ltd., Marathahalli Branch Through Its Regional Office - 144, Subharam Complex M.G. Road, Bangalore - 560001, Rep By Its Administrative Officer Smt. D. Karthika Appellant
V/S
Smt. Sampangamma Respondents

JUDGEMENT

(1.) THE Insurance Company is in appeal against the judgment and award dated 22.10.2007 passed by the Motor Accident Claims Tribunal, Bangalore City (SCCH 14) in MVC No. 5117/2006.

(2.) FOR the demise of one Pillamma in the road traffic accident on 05.05.2006, the Tribunal awarded a compensation of Rs. 2,85,000/ - to the Respondent, the daughter of the deceased. its break -up is as follows: <FRM>JUDGEMENT_1059_TLKAR0_2011.htm</FRM>

(3.) WITHOUT prejudice to the aforesaid Contention, the Learned Counsel further submits that the Tribunal's choice of multiplier is also erroneous. According to him, in some of the records, the age of the deceased is shown as 58 and not as 55 and as per the Apex Court judgment, in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 the applicable multiplier would be 9. Ex. P8 is the ration card showing the deceased's as aged 55 in 2003. The Appellant's side submits that the accident has taken place three years thereafter and that is why her age has to be taken as 58 years.