NATIONAL INSURANCE CO LTD Vs. ARVIND KUMAR

JUDGEMENT

(1.) THE awarded amount of compensation in this case is rs. 1,74,500/- as per the judgment and order dated 15th February, 2008 passed by the concerned Motor Accident Claims Tribunal, Etawah.

(2.) BY preferring this appeal, the appellant Insurance Company has stated before this Court that the claim petition was filed under section 163-A of the Motor Vehicles Act, 1988 when the award was given in favour of the brother of the deceased which cannot be given according to the ratio of the supreme Court judgment rendered in the case of mrs. Hafizunbegum v. Md. Ikram Heque and others, 2007 4 TAC (SC) 1. He said that brother cannot be said to be dependant, therefore, entitlement of the dependant is to be considered while assessing the quantum applying the multiplier system. In other words multiplier is a measure. From the said judgment we find that the Court held that in terms of section 140 of the Act entitlement of a person does not cease because of absence of dependency.

(3.) ACCORDING to us, Court held that irrespective of proof of dependency, one can get compensation for an amount at least in terms of section 140 of the Act.