NATIONAL INSURANCE COMPANY LIMITED Vs. VELAYUDHAN

JUDGEMENT

(1.) An Insurance Company, which has obtained permission from the Motor Accidents Claims Tribunal, Vadakara in O.P(MV) No. 568/1998 under Section 170 of the Motor Vehicles Act, 1988 to contest the claim on all grounds available to the owner and driver, the owner and driver having failed to contest the matter, has come up in appeal with this M.A.C.A., challenging the quantum of compensation awarded to the claimants who are the legal heirs of one Vijayi who died in a motor accident which gave rise to the motor accident claim in the said O.P.

(2.) The claimants are the father aged 55 years, brothers aged 23 and 18 years and sister aged 20 years of the deceased Vijayi. The main contention of the Insurance Company is regarding the multiplier adopted by the Tribunal in calculating the loss of dependency suffered by the claimants on the death of the said Vijayi, who was the daughter of the 1st respondent. According to the Insurance Company, adoption of the multiplier of 17 by the Tribunal for calculating the loss of dependency is not in tune with the principles laid down by the Supreme Court of India for calculating the loss of dependency in a claim by parents for the compensation for the death of their children. According to them, in such cases, the multiplier has to be fixed based on the age of the parents and not that of the deceased. According to the appellant, this wholesome principle is based on the fact that the dependents themselves would be having lesser lease of life and when it is their dependency that has to be calculated, the multiplier has to be adopted on the basis of their age only. The contention is that therefore the multiplier is to be fixed taking into account the age of the father and also the fact that the deceased being a daughter, she would have got married after some time in which event her further support to the father would still be less since the father had two grown up sons and another daughter also.

(3.) The respondents-claimants have filed a cross-objection claiming enhanced compensation. In answer to the contention of the Insurance Company, they would submit that in addition to the father of the deceased, two brothers and one sister were also dependents of the deceased and for fixing the loss of dependency, their age also has to be taken into account. According to them, in such circumstances, on taking into account the age of the brothers and sister also, the multiplier of 17 adopted by the Tribunal cannot be faulted. In the cross-objection, they would submit that the amount awarded by the Tribunal towards pain and suffering is on the lower side and the Tribunal ought to have awarded more amounts towards loss of love and affection. They would claim a further amount of Rs. 70,000/- as compensation for mental shock and sufferings. A claim for interest at 12% has also been advanced in the cross objection.