NEW INDIA ASSURANCE COMPANY LTD Vs. SAINABA C

JUDGEMENT

(1.) THE insurer is the appellant. Claimants are a widow, aged 55 years and her son, aged 36 years. THE Tribunal awarded a total amount of Rs.2,45,457/- against the claim for Rs.4,75,000/-. THE details are given in the tabular summary of compensation claimed and awarded appended to the award.

(2.) THE learned counsel for the appellant was requested to explain the basis of the challenge that the appellant wants to raise in this appeal. THE short contention raised by the learned counsel for the appellant/insurer is that instead of 5, the multiplier was reckoned as 9 by the Tribunal. THE deceased was a person aged between 60-65 years and for such a person, as per the second schedule, the multiplier which is to be reckoned is only 5. Instead, the Tribunal had reckoned the multiplier as 9. This is the short contention raised.

(3.) WE have considered all the relevant inputs. WE are not persuaded to agree that the said alleged inadequacy committed by the Tribunal in reckoning the multiplier at 9 is sufficient to warrant interference in appeal. The total compensation amount of Rs.2,45,457/- awarded by the Tribunal does appear to be absolutely fair, reasonable and just. The primary purpose of the exercise before the Tribunal is to award compensation which is reasonable, fair and just. Notwithstanding the inadequacy in the reckoning of the multiplier, we are satisfied that the primary purpose of invoking the jurisdiction of the Tribunal is eminently served by the quantum of compensation awarded. The error committed in the reckoning of the multiplier does not persuade us to invoke our appellate jurisdiction.