NEW INDIA ASSURANCE CO. LTD. Vs. SUBBARAYALU

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the appellant Insurance Company against the judgment and decree dated 27.08.2008 made in M.C.O.P.No.11 of 2007 on the file of Motor Accident Claims Tribunal (Subordinate Judge) at Udumalpet.

(2.) THE background facts in a nutshell are as under: -

(3.) LEARNED counsel appearing for the appellant/Insurance Company questioned only the quantum of the compensation and vehemently argued that the Award passed is without basis. He further argued that the Tribunal had taken Rs.10,000/ - as salary of the deceased, however, there is no proper evidence in the record to show that the deceased was earning Rs.10,000/ - and that he was working as Manager in his Uncle's hotel. He further submitted that the Tribunal adopted 17 multiplier, which is also not in accordance with law. He thus submitted that the award passed by the Tribunal is not in accordance with law and the same may be set aside.