LAWS(HPH)-2014-5-122

SHAKINA BEGUM Vs. VIRENDER KUMAR WALIA

Decided On May 12, 2014
Shakina Begum Appellant
V/S
Virender Kumar Walia Respondents

JUDGEMENT

(1.) THIS appeal is instituted against the award dated 21.2.2012 rendered by the Motor Accident Claims Tribunal -I, Sirmaur District at Nahan in MAC Petition No. 56 -MAC/2 of 2009.

(2.) PERTINENT facts necessary for the adjudication of this appeal are that the appellants -claimants are the legal heirs of Sharif Mohammad, who died in a motor accident on 14.7.2009. FIR in the case was registered vide Ex. PW3/A. The post -mortem report of the deceased is Ex. PW -2/A. The claim petition was filed before the Motor Accident Claims Tribunal. The claim petition was resisted by the respondents.

(3.) THE only issue involved in this appeal is: whether the multiplier of '6' has correctly been applied or not by the Motor Accident Claims Tribunal. The Motor Accident Claims Tribunal erred by applying multiplier of '6' instead of '9' at the age of 57 years. The Motor Accident Claims Tribunal has awarded interest @ 7.5% per annum, which ought to have been 9% per annum from the date of filing of the petition.