NATIONAL INSURANCE COMPANY LIMITED Vs. S. RAJAMANICKAM

JUDGEMENT

(1.) This is insurer's appeal as against the award of total compensation of Rs.8,11,000/- by the Motor Accidents Claims Tribunal (Sub Judge), Bhavani.

(2.) The learned counsel would find fault with the order of the Tribunal in holding the lorry driver for the negligence, because the road on which the accident had taken place is wide enough, which suggests contributory negligence on the part of the bike rider.

(3.) According to the learned counsel for the insurer, the Tribunal has adopted the multiplier '18'. While doing so, it had lost sight of the fact that the dependants, who are parents and brother of the deceased, are earning members, and more particularly, the deceased died a bachelor. The learned counsel cited National Insurance Co. Ltd. v. Shyam Singh and others, 2011 7 SCC 65 and would submit that in the facts and circumstances, the multiplier '8' shall be taken.