NEW INDIA ASSURANCE COMPANY LTD Vs. THANKA

JUDGEMENT

(1.) The insurance company in O.P.(M.V).No. 421/2008 before the Motor Accidents Claims Tribunal, Palakkad, is the appellant herein. The son of the respondent died in an accident caused by the negligent driving of a vehicle insured with the appellant. The respondent filed the O.P.(M.V). claiming compensation for the death of her son. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:

(2.) The contention of the appellant is that for the purpose of calculating loss of dependency, the Tribunal has adopted the multiplier on the basis of the age of the deceased. The appellant's contention is that what is relevant is the age of the claimant, insofar as the claimant's age is higher than the age of the deceased. The appellant would contend that in the decision in U.P. State Road Transport Corporation v. Trilok Chandra, 1996 ACJ 831 , it has been held that multiplier has to be adopted either on the basis of the age of the deceased or on the age of the dependent, whichever is higher.

(3.) But we note that the Supreme Court has after referring to the decision in Trilok Chandra's case , in Amrit Bhanu Shali and others v. National Insurance Co. Ltd. and others,2012 ACJ 212, held thus: