P ANWAR BATCHA Vs. TAMILARASAI

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Pudukkottai in M.C.O.P. No. 181 of 1993, dated 10.1.96, the owner and the insurer of the vehicle in question have filed the above appeal questioning the 'negligence' and 'quantum of compensation' arrived at by the Tribunal in respect of death of one Jayaraman in a motor vehicle accident that took place at 6 a.m., on 26.6.1992, the wife, children and parents of the deceased have prayed for a compensation of Rs. 15,00,000. The Tribunal, by the impugned order dated 10.1.96 passed an award for Rs. 5,60,000 with interest at the rate of 15 per cent per annum from the date of petition till the date of deposit. Questioning the said award, the owner of the Ambassador car No. TN 31-Z 0270 and his insurer, that is, National Insurance Co. Ltd. preferred the above appeal. Claimants have preferred Cross-objection No. 10 of 2001 for further sum of Rs. 4,40,000 in addition to the amount already granted.

(2.) Heard the learned counsel for appellants as well as respondents.

(3.) Even at the outset Mr. K.S. Narasimhan, learned counsel appearing for the appellants fairly states that they are not seriously disputing the finding of the Tribunal on the negligence aspect, hence it is unnecessary for us to traverse the facts leading to the negligence aspect. After taking us through the award of the Tribunal as well as the evidence let in, learned counsel appearing for the appellants would state that the compensation of Rs. 5,60,000 awarded by the Tribunal is on the higher side and in particular he would submit that the Tribunal committed an error in applying wrong multiplier while determining the compensation.