LAWS(J&K)-2007-11-19

UNITED INDIA INSURANCE CO LTD Vs. HARDEEP KOUR

Decided On November 16, 2007
UNITED INDIA INSURANCE CO LTD Appellant
V/S
Hardeep Kour Respondents

JUDGEMENT

(1.) HARBANS Singh, a Carpenter employed in Military Engineering Services (MES), while going to his village on his Scooter, was hit by a Bajaj Pick Up Auto Load Carrier which was being driven rashly and negligently by its driver, near Badyal Qazian Tehsil R. S. Pura due to which he sustained grievous injuries, on 11.3.2005. He was hospitalized, where he succumbed to the injuries on 21.3.2005. His Widow, daughter and two sons, who were dependents on his earnings, filed a claim petition before Motor Accidents Claims Tribunal, Jammu. This claim petition was registered as file No. 50/Claim. While allowing the claim, Motor Accidents Claims Tribunal, Jammu, awarded an amount of Rs.11,38,600/ - as compensation vide its award dated 24th of March 2006.

(2.) AGGRIEVED by the award of the Tribunal, United India Insurance Company Limited has filed this appeal questioning the quantum of compensation awarded by the Tribunal in favour of the claimants.

(3.) WITH the consent of learned counsel for the parties, this appeal was taken up for final hearing. Mr. R. P. Jamwal, learned counsel appearing for the Appellant -Company submitted that the Tribunal had erred in selecting the multiplier and awarding interest @ 7.5% per annum on the awarded amount.