ABDULLA & OTHERS; NEW INDIA ASSURANCE COMPANY LIMITED; MUSARRAF ALI & OTHERS; SAEED AHMAD & OTHERS Vs. SUDESH RANI & OTHERS; SAEED AHMAD & OTHERS; SHAMSHEEDA @ SAVAH & OTHERS; SUCHHA SINGH & OTHERS

JUDGEMENT

(1.) All these appeals have arisen out of the judgment granting compensation, which has been evaluated by learned Tribunal on account of death in the accident, which occurred on 03.07.2008 at 1:00 PM by Mini Bus No. UA-04-A-0397.

(2.) The claimants have come up before the Court for enhancement of the award while cross-appeals have been filed by the insurance company challenging the quantum of award, which has been granted by the Tribunal. All these appeals as well as cross-appeals delve with identical issues, hence are being taken up together for adjudication by this common verdict. Insurance company has challenged the award on certain other aspects, like validity of driving license and nonexamination of bus owner Smt. Sudesh Rani but such issues have been dealt with by this Court on 12.08.2016 while adjudicating the bunch of appeals (leading AO No.37 of 2012). Such findings of the Court shall be applicable in these matters as well except on the question of quantum, which is being dealt with herein below individually for each appeal:-

(3.) Learned counsel for the claimants has agitated that multiplier should have been applicable looking to the age of deceased and not to the age of parents. This contention is not acceptable for the reason that the Constitutional Bench of Hon'ble Apex Court in the case of New India Assurance Company Limited vs. Shanti Pathak and others, 2007 10 SCC 1 , as relied by another Bench of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Shyam Singh and others, 2011 3 TAC 625 , it was held that where the deceased was a bachelor leaving his parents, then whoever is higher in age, the multiplier shall be applicable looking to the age of the persons, who were higher on that factor.