KAMALA Vs. BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Can the Tribunal adopt and apply split multiplier while deciding the claim for compensation and whether the Tribunal erred in fixing the multiplier, ignoring the binding principles laid down by the Supreme Court are the questions posed before this Court in this appeal by the claimant for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Ottappalam.

(2.) The facts for the disposal of the appeal are as follows:- On 11/6/2018, at 09.05 am, the 1st respondent in OP(MV) No. 599 of 2018 was driving the school bus bearing registration No.KL-50/D-8891. He reversed the vehicle negligently at a place Natamalika, and hit Mr. Kulasekharan, S/o Thimmayyan and thereby he sustained grievous injuries and further succumbed to the injuries. The claim was preferred by the legal heirs of the deceased. The Insurance Company appeared and contested the claim and contented that the claim amount in the petition was highly excessive and exaggerated. However, the policy in respect of Vehicle No.KL-50/D-8891 was admitted. The Motor Accidents Claims Tribunal, Ottapalam framed the following issues:-

(3.) Exts.A1 to A16 were marked. No oral or documentary evidence was adduced on the side of the parties by the respondents. PW1 and PW2 were examined from the claimant's side. After considering the evidence on record and also the rival pleadings, the Motor Accidents Claims Tribunal, Ottapalam allowed the claim, however, substantially limiting the claim of the appellants. Hence the appeal.