GURU PRASAD Vs. ORIENTAL INSURANCE COMP. LTD.

JUDGEMENT

(1.) This is claimants FAFO under Section 173 of the Motor Vehicle Act 1988 seeking enhancement of the award passed by the Motor Accident Claims Tribunal, Lucknow/Additional District Judge, Court No. 1 dated 04.02.2008 wherein MACP No. 145 of 2006 (Guru Prasad and others v. Shiv Prakash Jaiswal and others). The tribunal has awarded a compensation of Rs. 1,03,000/- along with simple interest @ 8% per annum from the date of filing of application till the date of actual payment against the insurance company i.e., Oriental Insurance Company Ltd.

(2.) Significantly, the owner of the vehicle had also preferred an appeal against the award which was FAFO No. 357 of 2008 however, later the same came to be dismissed as not pressed by means of order dated 16.10.2014.

(3.) The claimants have assailed the award and seeks enhancement and it has been urged that the tribunal has grossly erred in adopting a multiplier of 5 on the basis of age of the dependents whereas the deceased was aged 18 years and as per the judgment rendered by the Hon'ble Apex Court in the case of Sarla Verma the multiplier of 18 should have been adopted. Thus the amount of compensation granted is excessively low. It has further being urged that now in view of the judgment of Hon'ble Supreme Court in case of Pranay Sethi which affirms the earlier view of Sarla Verma and in light thereof the claimants are also entitled to future prospects and this aspect has also not been considered by the tribunal while delivering the award.