ORIENTAL INSURANCE COMPANY LTD Vs. RASIDAN

JUDGEMENT

(1.) Javed, a bachelor, son of the first respondent died in a motor vehicular accident that occurred on 11.07.2008 due to negligent diving of the motor vehicle described as truck bearing registration No.HR-45A-0497, which was admittedly insured against third party risk for the period in question with the appellant insurance company.

(2.) On her claim petition (MACT No.920/08), instituted on 16.10.2008, the Motor Accident Claims Tribunal (the tribunal), by judgment dated 212015, awarded compensation in the sum of Rs. 6,65,856/- directing the insurer to pay with interest @ 9% per annum, though on account of breach of terms and conditions of the insurance policy it was granted recovery rights against the driver and owner (second and third respondents respectively).

(3.) By the appeal at hand, the insurer points out error in the computation of the loss of dependency on the basis of multiplier of 18 adopted according to the age of the deceased.