ORIENTAL INSURANCE COMPANY LTD Vs. KURJIBHAI RAGHAVBHAI SAVALIYA

JUDGEMENT

(1.) BOTH these appeals arise out of the common judgment and award and hence, they are disposed of by this common judgment.

(2.) FIRST Appeal No.2234/2008 has been preferred against the judgment and award dated 07.12.2007 passed by the Motor Accident Claims Tribunal (Main), Junagadh in M.A.C.P. No.727/2005, whereas, First Appeal No.2235/2008 has been preferred against the same award passed in M.A.C.P. No.728/2005.

(3.) HEARD learned counsel for the appellant. It has been contended on behalf of appellant-Insurance Company that the claim petition was filed u/s.163-A of the M.V. Act and therefore, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. In support of the said submission, reliance has been placed on the decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.