NEERU KUMAR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The present appeal arises out of the award dated 23.10.1999 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,56,000/- along with interest @ 12% per annum to the claimants.

(2.) The brief conspectus of the facts is as follows:

(3.) Mr. S.N. Parashar, counsel for the appellants has assailed the said award on quantum of compensation. The counsel submitted that the tribunal has erroneously applied the multiplier of 8 while computing compensation when according to the facts and circumstances of the case multiplier of 16 should have been applied as father of the deceased was of 47 years of age and mother was of 44 years of age at the time of the accident. The counsel urged that the tribunal also erred in awarding interest only for a period of three years when the same should have been awarded from the date of filing of the petition till realisation of the award. The counsel also urged that since the deceased is survived by his aged parents and widow thus the deduction to the extent of 1/3rd as awarded by the tribunal is on the higher side. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love and affection and loss of estate while only Rs. 2,000/- have been awarded towards funeral expenses and Rs. 10,000/- towards loss of consortium.