FUTURE GENERALI INDIA INSURANCE CO. LTD. Vs. MABOON

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the claimants-respondent Nos. 1 and 2 and perused the record. The present appeal has been filed against the judgment and award dated 5.11.2011 passed by the Motor Accident Claims Tribunal in M.A.C. No. 79 of 2011, Maboon and another v. Ajai Kumar and others, whereby the learned Tribunal has awarded a sum of Rs. 4,12,500 alongwith interest at the rate of 6% p.a. from the date of filing the claim petition till realization of the awarded amount.

(2.) Learned counsel for the appellant has submitted that the alleged accident dated 16.2.2011 was a head-on-collision due to contributory negligence of the drivers of both the vehicles. The learned Tribunal has grossly erred in awarding compensation only against the appellant, the insurer of vehicle No. U.P.-32/CZ-5319 (Tanker).

(3.) It is further submitted that the learned Tribunal has committed error in law while applying the multiplier of 17 in calculating the amount of compensation. The deceased was unmarried and one claimant being the father, the multiplier of the age of father should have been applied by the Tribunal.