LAWS(BOM)-2020-3-170

SUREKHA SANDEEP MARDANE Vs. RELIANCE GENERAL INSURANCE

Decided On March 16, 2020
Surekha Sandeep Mardane Appellant
V/S
Reliance General Insurance Respondents

JUDGEMENT

(1.) The Appeal being admitted on 26th August 2019 when an application was filed for withdrawal of the amount deposited, the learned counsel for the appellant and respondent have argued the matter finally.

(2.) Reliance General Insurance Co.Ltd in the Appeal has challenged the judgment dated 14th September 2015 passed by the Motor Accident Claim Tribunal, (MACT) Kolhapur, thereby awarding compensation of Rs.16,12,000/- inclusive of the Tilak compensation paid under "No fault liability" along with interest thereof @ 9% p.a. and the respondent nos.1 and 2 are held jointly and severally liable to deposit the said amount.

(3.) It is this judgment which is assailed in the First Appeal on two counts. Learned counsel for the appellant as the first limb of her argument submit that the impugned judgment has wrongly applied the multiplier of 18 to calculate the loss of dependency and according to her in light of Sarla's judgment, the multiplier to be applied considering the age of the deceased being 27 years ought to have been 17. The said argument is supported by the judgment of the Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation and Anr, and considering the formulae which has been declared by the Apex Court for the age group of 26 to 30 years, multiplier to be applied is undisputedly 17.