ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Vs. BISMILLAH

JUDGEMENT

(1.) AGGRIEVED by the award dated 18th November, 2011 passed by the Motor Accident Claims Tribunal and (Essential Commodities Act) Jaipur, (hereinafter referred to as "the learned Tribunal"), whereby the learned Tribunal has awarded a compensation of Rs.7,59,928/- along with interest at the rate of 6% per annum from the date of filing of the claim petition i.e., 23rd July, 2007 to the claimant respondents, the Insurance Company has approached this Court.

(2.) THE brief facts of the case are that on 20.06.2007, at about 8:00 PM, Mr. Lal Mohammad was going to his house, on his bicycle. While he was going over the Khatipura Bridge, an Innova Car, bearing registration No.RJ-14-UB-5005, being driven with rashly and negligently, hit the bicycle. Due to the said accident, Lal Mohammad suffered grievous injuries. He was hospitalized at S.M.S. Hospital. During treatment, at about 10:30 PM, he expired. THE claimants filed a claim petition. In order to buttress their case, the claimants examined four witness and submitted eighteen documents. THE appellant neither examined any witness, nor produced any documents. After going through the oral and documentary evidence, the learned Tribunal awarded the compensation as aforementioned. Hence, this appeal before this Court.

(3.) AS far as the second contention is concerned, according to the Post-Mortem Report, the age of the deceased, Lal Mohammad, at the time of accident was twenty-five years. Thus, the application of multiplier of eighteen is justified by the learned Tribunal.