THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., PUNE, THROUGH THE SENIOR EXECUTIVE LEGAL Vs. SUCHITA AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel appearing for both the parties. This appeal is preferred, against judgment and award dated 23.9.2011, passed by the learned District Judge -1 and Member, Motor Accident Claims Tribunal, Amravati, in MACP No. 140 of 2009, by appellant -The Manager, Bajaj Allianz General Insurance Co. Ltd., Pune, whereby the claim, by the widow of the deceased and two children viz. aged about 22 and 18 years respectively, was allowed in the sum of Rs. 10,30,556/ - along with interest at the rate of 7.5% per annum from the date of petition till realization.

(2.) SHRI D.N. Kukday, learned counsel appearing for appellant -Bajaj Allianz General Insurance Co. Ltd., submitted that in the facts and circumstances, stated by the claimants, the awarded sum was excessive and exorbitant as the learned Member of the Tribunal could not have awarded the compensation by applying excessive multiplier "14". He has invited my attention to the fact, that one of the claimants Roshan, who was aged about 22 years old, is a major and could have earned on his own after completion of his education in near future while another claimant Kumari Radhika, who was aged about 18 years old, was of marriageable age. Widow Suchita, whose age is mentioned as 44 years old while victim of the accident was aged about 55 years and 7 months old. The victim was in service serving as a "Clerk" in APMC at Amravati.

(3.) IN my opinion, the case of Rajesh and others..vs.. Rajbir Singh and others, cited supra, was with reference to the Special Leave Petition entertained by the Apex Court and the controversy before the Supreme Court was regarding the deceased working as a "Clerk" in a School under the Education Department in the State of Haryana. In that case, the salary per month was stated in the sum of Rs. 9,520/ - per month to which considering age of the victim which was around 40 years, prospective increases in the sum of Rs. 4,760/ - per month were added and the Apex Court then considered the number of claimants to deduct 1/4th of the amount towards personal expenses and then by applying multiplier of "16", the compensation amount was arrived at.