SUSHILA DEVI Vs. DEVENDRA

JUDGEMENT

(1.) Heard Sri Nigamendra Shukla, learned counsel for the appellants; Sri Rahul Sahai ably assisted by Sri Parihar, learned counsel for respondent-Sri Ram General Insurance Company; and Sri Ajay Singh, learned counsel for National Insurance Company. Delay in filing this appeal has been condoned vide order of the date passed in delay condonation application.

(2.) This appeal, at the behest of the claimants, has been preferred against the judgment and order dated 06.04.2012 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court no.03, Ghaziabad (hereinafter referred to as 'Tribunal') in M.A.C. No.449 of 2009 awarding a sum of Rs.3,75,761/- only with interest at rate of 6% conditionally.

(3.) By consent of learned counsel for parties, we propose to admit the appeal and hear and decide the lis finally as there appears prima facie error apparent on the face of the record. It is an appeal of the year 2012. The accident had taken place in the year 2009. It is apparent from award that no future loss of income has been awarded by the tribunal. The multiplier applied is also not in consonance with the judgment of Sarla Verma Vs. Delhi Transport Corporation , 2009 6 SCC 121. The Tribunal has awarded multiplier of 13 as per the age of the parents though the deceased was a married person. All this would permit us to take up the matter for final disposal so that the insurance company may not be burdened with huge amount by way of interest.