ORIENTAL INSURANCE CO. LTD. Vs. MUNNI DEVI

JUDGEMENT

(1.) Heard Shri Kuldip Shanker Amist, learned counsel for the appellant and Shri Sudhir Kumar Singh Parmar, learned counsel for the respondents.

(2.) This appeal has been filed by the Oriental Insurance Co. Ltd. against the award dated 20.12.2014 passed by Additional District Judge, Court No. 10/Motor Accident Claims Tribunal, Kanpur Nagar in MACP No. 819 of 2011 allowing total amount of compensation as Rs. 21,91,664/- along with interest at the rate of 6% per annum from the date of filing of the claim petition.

(3.) The said award has been challenged by the appellant on the ground that the claimant did not implead the driver who was necessary party in the case and a finding was given that the driver was driving the offending vehicle in rash and negligent way and because of that the accident occurred. The amount of compensation is very high and the Tribunal has committed error in calculating and not applying the principle of law while determining the quantum of compensation. The Tribunal has applied high multiplier of 11 while calculating the amount of award, which is not correct. The deceased was 53 years at the time of accident and his service remains only about 7 years and thereafter he was to retire, and therefore, a multiplier of 11 is not applied and a proportional deduction could have been made. Therefore, the amount awarded is illegal and arbitrary and is not sustainable under law and no compensation could be awarded to the claimant.