UNITED INDIA INSURANCE CO LTD Vs. LATEEFUNNISA BEGUM

JUDGEMENT

(1.) After having heard the learned Counsel for the parties, the appeal is disposed of finally at admission stage.

(2.) The appeal is filed against the orders of the Motor Accidents Claims Tribunal- cum-Addl. Judge, Adilabad dt. 25-12-1997 in O.P. No.388 of 1995. The accident took place on 28-6-1995 in which one Mohd. Affan died. Consequently, the legal representatives and the dependants of the said deceased filed O.P. No.388 of 1995 claiming compensation for a total sum of Rs.8,00,000/-. The following issues were framed by the Tribunal:

(3.) The only point that is urged by the learned Counsel for the petitioner (sic. appellants) is that the multiplier applied by the lower Court is not in accordance with the dicta laid down by the Supreme Court in General Manager, Kerala State Road Transport Corporation vs. Sushamma Thomas and others. According to the learned Counsel, the appropriate multiplier to be applied in the present case is 12.79 whereas the Tribunal applied the multiplier of 15. He submits that the multiplier of 15 is applicable only in respect of claims made under Section 163-A of the Motor Vehicles Act. However, in respect of the claims made under Sec.166 of the Act, the only multiplier that could be applied in the facts and circumstances of the case is only 12.79 and if that multiplier is applied, the compensation amount would come to Rs. 4,60,440/-.