P. SALEEM Vs. K.P. ANZAR

JUDGEMENT

(1.) THE appellants are the parents and siblings of deceased Faizal, who succumbed to injuries sustained in an accident on 05.12.2004. He was a pillion rider on a motorcycle bearing Reg. No. KL -11/T -8976 which hit against a divider and involved in the accident.

(2.) THE motorcycle was having an insurance coverage with the 2nd respondent. Claim petition was filed seeking compensation to the tune of Rs. 5 lakhs. The Tribunal awarded a sum of Rs. 1,88,999/ - and exonerated the Insurance Company on the ground that a pillion rider is not covered by the policy.

(3.) THE deceased was 22 years at the time of the accident. He was working as an automobile mechanic. The claim petition was filed claiming that he was earning a sum of Rs. 6,500/ - per mensem on his engagement as an automobile mechanic. The Tribunal reckoned his annual income as Rs. 16,000/ - and adopted the multiplier of 15. Going by the judgment of the Apex Court in Sarla Verma v. Delhi Transport Corporation [ : 2010(2) KLT 802 (S.C)], multiplier is to be fixed on the basis of the age of the deceased and the proper multiplier is 18. The learned Counsel for the Insurance Company raised a contention that the multiplier is to be adopted with reference to the age of the dependants. But we find that this Court as well as Hon'ble Supreme Court has time and again, held that it should be based on the age of the deceased. (Amrit Bhanu Shali & others V National Insurance Co. & others [ : 2012 ACJ 2002], Annamkutty V Manager, United India Insurance Co. & another [ : 2013(4) KLT 160].