THE ORIENTAL INSURANCE CO. LTD. Vs. VALSALA

JUDGEMENT

(1.) UNDER challenge in these appeals is an award passed by the Motor Accidents Claims Tribunal, Kottayam in O.P. (MV) No. 857/07. The claim arose out of a road traffic accident occurred on 18/03/07 in which one Vijayakumar met with his death while he was travelling on the pillion of a motorcycle. Allegedly the deceased who was thrown down on account of the negligence of the driver of the motorbike sustained very serious injuries to which he succumbed on the next day while undergoing treatment.

(2.) THE appellants in M.A.C.A. 2096/11 who are the widow, children and other two near relatives approached the Tribunal claiming compensation to the tune of Rs. 12 lakhs. The learned Tribunal after considering the evidence passed the impugned award allowing the appellants in M.A.C.A. 2096/11 to realize a sum of Rs. 6,54,511/ - from the Insurance Company (appellant in M.A.C.A. 462/11) with which the offending vehicle was insured. While the claimants challenge the adequacy of compensation, the Insurance Company has come up in appeal challenging the amount of compensation awarded for loss of dependency adopting a higher multiplicand for the entire period of 11 years during which the deceased would have lived had he not sustained the injuries.

(3.) FOR convenience of discussion, the parties can be referred to as they are arrayed in the Original Petition.