ORIENTAL INSURANCE CO LIMITED KURNOOL Vs. G SESHAMMA

JUDGEMENT

(1.) This appeal is filed by the Oriental Insurance Company Limited aggrieved by the award passed by the Motor Accidents Claims Tribunal-cum-District Judge, Kurnool in OP No.946 of 1999 awarding compensation of Rs. 18,01,608/- with interest at the rate of 9% p.a. from the date of petition till the date of payment.

(2.) The main contention raised by the learned Standing Counsel Mr. Kola Subba Rao appearing on behalf of the appellant that the compensation paid to the claimants in the aforesaid OP is exorbitant. Moreover, the multiplier used by the Tribunal is totally wrong. The multiplier used by the Tribunal is 13 as against 10.45. As per the manner in which the accident was concerned, it is not disputed by the learned Standing Counsel for the appellant. Even the age of the deceased as 45 is not disputed by the learned Standing Counsel for the appellant. While opposing the arguments of the learned Standing Counsel for the appellant, the learned Counsel for the respondents/ claimants submitted at the Bar that the compensation awarded by the Tribunal is correct. The learned Counsel further submitted that the higher multiplier used by the Tribunal considering the prospects which the deceased could have got it if he would not have died in the motor accident. Therefore, it is submitted by the learned Counsel for the respondents that the appeal filed by the Insurance Company be dismissed.

(3.) The learned Counsel for the respondents relied upon a ruling reported in Jyothi Kaul and others v. State of M.P and another, AIR 2000 SC 3582, in which their Lordships were pleased to hold that the principles of multiplier depends upon facts and circumstances of each case. Deceased was the Executive Engineer in Irrigation Department, who was aged about 50 years at the time of his death and in good health. Considering his chances of promotion, his increments and what he would have received after retirement, compensation is computed. Predecessor of deceased lived for more than 80 years. The multiplier of 13 applied by the Tribunal based on sound reasoning.