NATIONAL INSURANCE CO LTD Vs. RATTAN CHAND

JUDGEMENT

(1.) THIS appeal arises out of an award passed by the MACT Jammu on 27.2.1999. The life of the deceased was cut short while he was 28 years of age. His monthly income was proved to be Rs. 6600/ -. However, the Tribunal has slashed it down to Rs. 4500/ - for the reasons that no proof with respect to payment of income tax was adduced. A multiplier of ten has been applied and as a result total dependency has been worked out at Rs. 4,02,160/ -. In addition to this Rs. 14500/ -, Rs. 10000/ - Rs. 2000/ - and Rs. 2500/ - have been awarded as loss of expectation of life, funeral expenses and loss of estate etc. Total amount awarded is Rs. 4,16,660/ -.

(2.) ACCORDING to Mr. C.S. Gupta, the compensation awarded is excessive and is violative of the formular laid by the Supreme Court in 1998 SCC Vol. 8 page 633.

(3.) I have gone through the judgment. In that judgment the age of the parents of the deceased has not been given while as whole stress of the argument of Mr. Gupta with regard to application of wrong multiplier. In this case the parents were at the age of 50 and 55 years. However I need not go to the merits of the case because a objection raised by Mr. Gagan Basotra was with respect to maintainability of the appeal. He has relied upon the judgment of the Apex Court returned in case titled George vs. N.K. Raju reported in (2000) 4 SCC 130. In this judgment the scope of right to appeal of the Insurer has been outlined. It is pertinent to place on record that the case before the Apex Court the insurer had been arrayed as a co -appellant and even then the court after holding that he had no grievance to lodge, held that the insured could defend the proceedings before the Claim Tribunal on certain limited grounds. None of the grounds under sub -section 2 of section 149 of the Motor Vehicles Act exist for the insurer to defend the claim petition. That being so, no right exists for the insurer to file the appeal against the award of the Claim Tribunal in the present case.