NEW INDIA ASSURANCE Vs. SATWINDER KOUR

JUDGEMENT

(1.) QUESTIONING only the quantum of compensation awarded by the tribunal to the claimants, the New India assurance Company has filed this appeal against award dated 28-10-2008 of Motor accidents Claims Tribunal, Jammu, awarding an amount of Rs. 7,14,408/-along with interest @ 6% per annum to the widow, three daughters, a son and the mother of one S. Mani Singh who died on 21st May, 2004 at satwari Chowk, Jammu in a Motor vehicular Accident because of the rash and negligent driving of Truck No. JK02u-8837 by its driver, Jagmeet Singh.

(2.) APPELLANT's learned counsel submits that the Tribunal has gone wrong in noticing the correct multiplier for the age group of person like the deceased and going by the facts emerging from the statement of claimant's witness, Kuldeep Raj, the multiplier cannot be higher than ten (10) in the case. His further plea is that multiplicand needs to be determined, keeping in view the admission of the widow that the employer of the deceased has been paying half of the salary of the deceased to her.

(3.) MR. G. S. Sarkaria, learned counsel for the claimants, on the other hand, justifies the quantum of compensation awarded by the Tribunal relying on uncontroverted evidence led by the claimants in support of their claim.