ICICI LOMBARD GIC LTD Vs. PAVAN DEVI

JUDGEMENT

(1.) Being aggrieved by the award dated 16/09/2010 passed by Second Additional Motor Accident Tribunal, Jabalpur (M.P) in Claim Case No. MVC89/2010 granting compensation to the tune of Rs.8,22,600/ - in case of death of the husband of the appellant No.1, father of appellant Nos.2 to 4 and the son of appellant Nos.5 to 6 namely Gautam Paswan who met with an accident on 06/08/2009 and died in the said accident.

(2.) On perusal of the record it appears that the Tribunal accepted the earning of the deceased at Rs.6,000/ - being a driver and after deduction of 1/4th looking to number of dependent and as per his age i.e. 38 years applying the multiplier of 15, awarded Rs.8,10,000/ - in the head of loss of dependency and Rs.12,600/ - in the other heads. However, being aggrieved by the grant of excessive amount of compensation this appeal has been preferred by the Insurance Company.

(3.) On perusal of the record it appears that after condonation of delay, notices were issued to the claimants and on receiving the same cross objection has been filed within the period of limitation claiming an amount in addition to the award of compensation in conventional heads in the light of judgment of the Supreme Court in the case of Rajesh and Others Vs. Rajbir Singh and Others 2013 (9) SCC 54.