ORIENTAL INSURANCE CO LTD Vs. VIVEKA NAND SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and award dated 6.8.99 passed by the First Additional District Judge-cum-Motor Vehicle Claims Tribunal, Munger in Claim Case No. 10 of 1993, whereby and whereunder the learned Tribunal by applying the principle of multiplier inserted in Second Schedule under section 163-A as envisaged under Motor Vehicles (Amendment) Act, 1994 (Act 54 of 1994) has awarded compensation to the tune of Rs. 1,52,000 for the death of Rupa Kumari, who, along with the claimants was going to Jamui from their village home in Tata Maxi bearing No. BR 21-M-7657, which met with an accident at Badri Vishal Nagar.

(2.) The appellant company has assailed the validity of the impugned judgment on the sole ground that the learned Tribunal has adopted wrong principle of multiplier in awarding exorbitant amount to the claimants as compensation. In fact, the present case is not governed by the principle of multiplier, which was inserted on 14.11.1994 by Act 54 of 1994 and the accident took place on 10.11.1992, i.e., before the said provision was inserted. According to the learned counsel, in the present case, a girl aged about 13 years has died and according to the principle laid down by this court in the case of National Insurance Co. Ltd. v. Phoolbharan Devi, 1998 (2) PLJR 616 and in the case of Oriental Insurance Co. Ltd. v. Paspati Prasad, 1998 (2) PLJR 617, in case of death of a child compensation is to be awarded on a lump Sum basis considering the status, financial condition of the family, future expectancy and loss of love and affection child being a non-earning member. It is submitted that usually this court in such cases has awarded a lump sum of Rs. 50,000.

(3.) Mr. Jha, the learned senior counsel appearing for the respondents, on the other hand, has submitted that, in fact, the appeal itself is not maintainable in the absence of leave taken by the appellant from the Tribunal under section 170 of the Motor Vehicles Act (hereinafter referred to as 'the Act'). In support of this he has referred to the decision of the Apex Court in the case of Shankarayya v. United India Insurance Co. Ltd., 1998 ACJ 513 (SC). It is further submitted that in any view of the matter, if this court considers that compensation should be awarded on lump sum basis, the compensation already awarded by the Tribunal in no case can be Rs. 50,000, as is contended by the learned counsel for the appellant, keeping in view the status, financial condition of the family, future expectancy and loss of love and affection, especially when the entire family was involved in the accident.