MUNAWARI BEGUM Vs. KISHAN KUMAR

JUDGEMENT

(1.) This is an application under Order 41 Rule 33read with Section 151 of the Code of Civil Procedure wherein the appellantshave prayed as under :

(2.) In this case, the age of the deceased at the time of his death inthe accident in question was held to be 42 years and the Court had appliedthe multiplier of 16 in computing the compensation i.e. upto normal age ofretirement in government service, in addition, the Motor Accidents ClaimsTribunal also awarded interest on the said amount of compensation at therate of 12% p.a. The appellants challenged the award of the M.A.C.T.mainly on two counts, one that multiplier of 28 should have been appliedinstead of 16 taking the expected earning age of the deceased as 70 years andthe other was against the award of 12% interest instead of 15% as was beingclaimed. All these ground were considered at the time of admission andwhile admitting the Court confined the challenge to the award only to thequestion of interest. The admission order reads-"Admit only on the question of interest". In other words, all other pleas contained the Memorandumof Appeal are deemed to have been considered and rejected at the very outset, while admitting the appeal for hearing. This is not a case where reviewof the order of admission is sought.

(3.) Counsel for the appellant has laid lot of stress on the provisionsof Order 41 Rule 33 of Civil Procedure Code which read as under :