LAWS(ALL)-2002-11-58

NATIONAL INSURANCE CO LTD Vs. SITA RAM

Decided On November 19, 2002
NATIONAL INSURANCE CO.LTD. Appellant
V/S
SITA RAM Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the insurer appellant. The appellant is aggrieved by the award of the Motor Accidents Claims Tribunal, Mathura (U.P.), determining an amount of Rs. 2,70,800 as just compensation to which the claimants were found entitled to on account of the death of their only son Ganga Sharma in an accident which took place on 5.10.2000 involving the offending motor vehicle.

(2.) The Tribunal after carefully considering the evidence and materials brought on record, had come to the conclusion that the deceased was earning Rs. 2,000 p.m. and the extent of the dependency had been determined to be at a figure of Rs. 1,400 p.m. The multiplier of 16 had been utilised to arrive at the figure of the amount of compensation.

(3.) The learned Counsel for the appellant has tried to assail the findings returned against the appellant by the Tribunal on crucial facts. It may be noticed that no permission as contemplated under Section 170 of the Motor Vehicles Act had been obtained by the insurer appellant. The learned Counsel for the appellant who has tried to assail the findings returned by the Tribunal against the appellant has not been able to demonstrate that these findings can be taken to be suffering from any such legal infirmity which may justify any interference therein by this Court. These findings are amply supported and warranted by the evidence brought on record.