UNITED INDIA INSURANCE CO LTD Vs. SITANATH CHOWDHURY

JUDGEMENT

(1.) This appeal arises out of an award passed by the Motor Accident Claims Tribunal under section 166 of the Motor Vehicles Act, 1988, assessing the compensation at Rs. 1,30,000/-.

(2.) The claim application was filed by the parents of victim Sandip Chowdhury who died by reason of a motor accident due to rash and negligent driving of the offending vehicle. The Tribunal found that the rash and negligent driving of the offending vehicle caused the accident and the death of the victim. Considering the age of the victim multiplier has been applied by the tribunal at 16 taking into consideration his earning as Rs. 1850/- per month as salary. Age of the victim at the time of death was found as 27 years.

(3.) The appeal was filed by the Insurance Company contending that in such facts the age of the parents being the applicants is required to be considered for the purpose of applying the multiplier. This only contention of the appellant insurer has been contested by the learned advocate for the claimants.