LAWS(CAL)-2001-8-12

ORIENTAL INSURANCE CO LTD Vs. SANTOSH GUPTA

Decided On August 10, 2001
ORIENTAL INSURANCE COLTD Appellant
V/S
SANTOSH GUPTA Respondents

JUDGEMENT

(1.) The only question which falls for decision in this appeal is whether the learned Tribunal while fixing the multiplier 18 failed to appreciate the ratio of the decisions in the case of General Manager, Kerala State Road Trans. Corpn. v. Susamma Thomas, 1994 ACJ 1 (SC) and also in the case of U.P. State Road Trans. Corpn. v. Trilok Chandra, 1996 ACJ 831 (SC).

(2.) The claimants/petitioners are respondents herein. They filed an application under section 166 of the Motor Vehicles Act, 1988, for compensation on account of the death of husband/father in a motor accident.

(3.) The learned Tribunal relying upon the decisions cited above came to a finding that appropriate multiplier would be 18 in the facts and circumstances of the case and thereby granted a compensation to the tune of Rs. 7,20,000 along with the interest at the rate of 12 per cent per annum from the date of filing the case. Admittedly, Rs. 50,000 was already awarded on no fault principle.