NATIONAL INSURANCE COMPANY Vs. UMA SHANKER

JUDGEMENT

(1.) THIS is an appeal against the award dated 13.8.1999 passed by First Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No. 1/98.

(2.) FACTS briefly stated are that on 27.9.1997 the deceased Paritosh Bhatnagar was travelling on Yamaha motorcycle bearing registration No. MP-07-KC-792, when he met with an accident with a jeep bearing registration No. MP-07-H-4876 coming from the opposite side. As a result of the said accident Paritosh died and his father, mother, minor brother and minor sister filed the aforesaid claim case before the Tribunal for compensation. As the jeep was insured with the appellant, the Tribunal awarded a sum of Rs. 2,24,600 as compensation to the claimants by the impugned award against the appellant. Aggrieved by the impugned award the appellant has filed this appeal.

(3.) WE find force in the submission of Mr. Malhotra. Since, the deceased was unmarried and the mother of the deceased was more than 50 years of age at the time of death of the deceased a multiplier of 11 was applicable as per the provisions of Second Schedule of the Act.