NATIONAL INSURANCE CO. LTD. Vs. BHAGATI

JUDGEMENT

(1.) THERE is a delay of 12 days in filing the appeal. For the reasons stated in the application, application is allowed. Delay in filing the appeal is condoned. 1. The appeal by the Insurance Company is frivolous on every point which is urged. The Insurance Company learns no lessons and they will vex the Court with  cases which have no legs to stand.

(2.) THE arguments put forward by the counsel for the insurer are ; i) the change of transfer of vehicle was not informed as required under Section 157 (2) of the Motor Vehicles Act and hence the insurer is not liable. ii) the age of the claimant was said to be 43 years and she had stated that the deceased was 2 years elder to her. The tribunal has taken the age of the deceased at 40 years and has applied a multiplier which was higher in value than what should have been applied if appropriate age had been taken; iii) the claimant was the only legal representative of the deceased and 1/3 rd deduction had been taken; iv) the average income was taken as Rs. 5400/ - which is excessive.

(3.) THE appeal is dismissed.