NEW INDIA ASSURANCE CO LTD Vs. RAMA DEI

JUDGEMENT

(1.) AT the time of admission, learned Advocate appearing for the parties have requested to take up the matter on merits. Accordingly, they addressed arguments at length.

(2.) CLAIMANT -respondents 1 to 5 are the legal heirs and successors of deceased Krushna Chandra Moharana, who was serving as a Senior Stenographer in the Orissa Secretariat in the Agriculture Department. On the faithful day i.e. on 22.8.1997 at about 9.45 A.M., said Krushna Chandra Moharana, while proceeding towards Cuttack from Phulanakhara Chhak and was going on the left side of the road, the offending bus named 'Sonax' bearing registration number ORU 8584 dashed against said Krushna Chandra Moharana and ran over him. The offending vehicle was coming from opposite direction, namely from Bhubaneswar and proceeding towards Cuttack. The victim was immediately shifted to the S.C.B. Medical College and Hospital, Cuttack, where he was declared dead. At the time of death, his pay was fixed under the revised scale at Rs. 7,680/ -. The victim has left behind his widow and four children who filed the claim application demanding compensation of Rs. 7,26,000/ - from the owner as well as the Insurer.

(3.) THE learned Tribunal while computing the amount of compensation seems to have adopted 7 multiplier. In certain cases the Tribunal can also apply upto 15 multiplier while computing the amount of compensation. Since no cross -appeal has been filed by the claimants, I need not like to advert to that question. Ultimately, the Tribunal has fixed the compensation at Rs. 4, 62,200/ - and directed the Insurance Company to pay the entire compensation amount. Hence, the present appeal at the instance of the Insurance Company.