ORIENTAL INSURANCE CO. LTD. Vs. RESHMA

JUDGEMENT

(1.) By consent of the parties the appeal and the cross-objection are taken for admission and final hearing simultaneously.

(2.) The appeal is filed by the Insurance Company against the order passed by the M.A.C.T., Thane, by which compensation of Rs. 3,80,000 have been awarded to the claimants. The claimants are the wife and children of the deceased who met with an accident. Their claim was allowed by the Tribunal partly and, therefore, the Insurance Company has filed this appeal. At the same time, the claimants have also filed cross-objections for enhancement of compensation on two grounds, viz. that the Tribunal awarded interest at the rate of 6% only, it should be 8% and secondly the multiplier which was applied by the Tribunal in this case was 13 and considering the age of the victim at the time of his death i.e. 35 years, Counsel for the original claimants contends that multiplier, in any case, should not have been less than 16.

(3.) So far as the appellant is concerned, there is also an application filed by the Insurance Company-appellant vide Civil Application No. 2561 of 2005 for permission to adduce documentary evidence, at this appellate stage under Order XXI. By this application the Insurance Company produced on record certain documents and according to them these documents can change the very nature and foundation of the order passed against the Insurance Company.