NATIONAL INSURANCE CO. LTD. Vs. VIMLA DEVI

JUDGEMENT

(1.) Heard Sri Manish Kumar Nigam, learned counsel for the appellant-National Insurance Company and Sri Prakash Singh, learned counsel for the claimant-respondents. Perused the record.

(2.) This appeal has been filed against the judgement and award dated 09.1.2014 passed in M.A.C.P. No. 177 of 2011 (Smt. Vimla Devi and others Vs. Balloo and others) by which, the learned Tribunal has awarded Rs.4,27,000/- as compensation along with simple interest at the rate of 7% per anum from the date of institution of petition.

(3.) Learned counsel for the appellant has challenged the said award on the basis that the age of the deceased was wrongly determined to be 53 years, whereas in the postmortem report, it is mentioned that the age of the deceased was 58 years, hence multiplier of 11 which was applied by the learned Tribunal is incorrect and the multiplier of 9 should have been applied. Moreover, towards loss of consortium Rs.1,00,000/- and for funeral expenses Rs.25,000/- have been awarded which is not correct in view of the U.P. Motor Vehicle Amended Rules, 2011 which provides for consortium from Rs.5,000/- to Rs.10,000/- and for funeral expenses Rs.5,000/- which ever is less. As such, the compensation which was awarded by the learned Tribunal is excessive and, therefore, the amount of compensation is liable to be modified, accordingly.