ORIENTAL INSURANCE CO LTD Vs. KALINGRAM

JUDGEMENT

(1.) SHRI Sudhir Agrawal, learned counsel for the appellant is heard on admission.

(2.) THIS is insurer's appeal against the award dated 22-11-2007, passed by Additional Motor Accident Claims Tribunal (F.T.C.), Kondagaon, Distt. Bastar in Claim Case No. 90/2007.

(3.) SHRI Sudhir Agrawal, learned counsel for the appellant submitted that appellant - Insurance Company is challenging only the quantum of compensation awarded by the Tribunal in this appeal as permission under Section 170 of the Motor Vehicles Act was granted. Learned counsel further submitted that the Tribunal has erred in deducting only 1/3rd of the income of the deceased towards his personal expenses, whereas in view of the dictum of the Apex Court in the case of Donat Louis Machado & Ors. Vs. L. Ravindra and Others1, 2/3rd of the income of the deceased ought to have been deducted towards the personal expenses. The learned counsel further submitted that the multiplier of 16 is also on the higher side as the claimants were the parents of the deceased and in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman Iyer and another2, the multiplier should not have exceeded 10.