NATIONAL INSURANCE COMPANY LTD Vs. GIRJA DEVI

JUDGEMENT

(1.) THE civil revision petition has been filed by National Insurance Company Ltd., the petitioner, against the judgment and award dated 13.2.2001/17.7.2001 passed by the Motor Vehicles Claims Tribunal, Jehanabad in Claim case No. 36/1996/7/ 1999, whereby the tribunal applying the multiplier method awarded compensation of Rs. 1,98,333/ - to the claimant -opp. party payable by the owner of Shambhu Nath Mishra Versus State Of Bihar the bus and the petitioner jointly and severally with interest @ 6% per annum from the date of filing of the application. The victim was aged about 13 years and was a student of class VIII in Gautam Budha High School, Jehanabad at the time of accident. The accident took place on 19.5.96. He died on 23.5.96 in the hospital. The tribunal considering the evidence brought on record passed the judgment and the award impugned granting compensation as indicated above.

(2.) LEARNED counsel for the petitioner contended that in case of death of a minor child a fixed compensation should be awarded. The court has committed error in applying the multiplier method in awarding the compensation. In support of his contention he relied upon a decision in the case of Rajnath Singh V/s. Atul Kumar Sharma & Ors., 2002(2) PLJR 767. On the other hand, learned counsel for the opposite party contended that the court is justified in awarding compensation adopting the multiplier method. In support of his contention he relied upon a decision in the case of Manju Devi & Anr. V/s. Musafir Paswan & Anr., 2003(2) PLJR 120 (SC).

(3.) THUS , on consideration as discussed above, I do not find any error in the judgment and award impugned. Accordingly, the civil revision petition is dismissed. The amount deposited by the company be released in favour of claimant.