NATIONAL INSURANCE CO LIMITED Vs. AMAR NATH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India at the instance of the insurance company is directed against the award dated 16.8.2003, passed by learned Motor Accidents Claims Tribunal-II, Solan, Camp at Nalagarh.

(2.) By means of impugned award in M.A.C. Petition No. 28-NL/2 of 2002, learned Tribunal below has assessed compensation in the sum of Rs. 2,35,000 to be shared equally by respondent Nos. 1 and 2, who are parents of deceased Rajinder Kumar. He was on a scooter bearing registration No. HP 12-A 1382. He was on way from village Jattimajra to Kharauni. After having covered some distance, scooter skidded on pucca road as a result of which he received head injury. When he was brought to Rural Hospital, Nalagarh, he was examined by Dr. M.R. Verma but he succumbed to the injuries.

(3.) In the aforesaid background, a petition under section 163-A of Motor Vehicles Act, 1988 was filed by the respondent Nos. 1 and 2 claiming compensation. The learned Tribunal below came to fix the dependence of respondent Nos. 1 and 2 at Rs. 1,000 or say Rs. 12,000 per annum. Thereafter he applied multiplier of 14 and worked out the amount of Rs. 1,68,000. So far dependence arrived at by the learned Tribunal below, was not questioned on behalf of respondent Nos. 1 and 2 in this petition.