CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED Vs. SHAILAJA

JUDGEMENT

(1.) This is an appeal filed by the 3rd respondent in O.P.(M.V.) No. 3316/2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. It is a claim petition filed under Sec. 166 of the Motor Vehicles Act. The claim petition was filed by one Shaji s/o Thankappan. Pending the claim petition, Shaji died and his legal heirs are impleaded as petitioners 2 to 5. (Hereinafter the parties are mentioned in accordance to their rank before the Tribunal).

(2.) The short facts are like this :

(3.) To substantiate the case, Exts. A1 to A9 were marked on the side of the petitioners. One witness was examined on the side of the petitioners as PW1. Ext.X1 is the case record. After going through the evidence and the documents, the Tribunal found that the petitioners 2 to 5 are entitled to an amount of Rs.1,48,000/- as compensation with interest at the rate of 8% per annum from the date of petition till realisation. While assessing the disability compensation, the Tribunal has taken into consideration the 20% whole body disability of the deceased 1 st petitioner. He was aged 38 years at the time of the accident and hence the multiplier "15" was taken by the tribunal for assessing the disability compensation. Aggrieved by the quantum of compensation, this appeal is filed by the 3rd respondent-Insurance Company.