ICICI LOMBARD INSURANCE CO. LTD Vs. MAKKU DEVI

JUDGEMENT

(1.) THIS is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and award dt. 16.12.2009 passed by Motor Accident Claims Tribunal (First), Jodhpur in M.A.C. Case No. 201/2008, whereby the Tribunal has awarded total compensation of Rs. 5,10,000/ - to the respondent -claimants. The short facts are that the deceased was 18 years of age. He was bachelor at the time of accident. The accident took place in the year 2007. The only claimant is his mother. She is a widow. While granting compensation, the Tribunal applied the multiplier of 18 and held the income of the deceased as Rs. 4500/ - per month. The total amount granted under various heads was Rs. 5,10,000/ -.

(2.) WHILE praying for reducing the quantum of compensation, learned counsel for the appellant submitted twofold arguments. The first argument raised by learned counsel for the appellant is that the age of the deceased being 18 years and a bachelor, the age of the claimant -mother should have been taken into consideration while applying the relevant multiplier. Reliance was placed on the judgments rendered by Hon'ble the Apex Court in the cases of (1). National Insurance Co. Ltd. vs. Shyam Singh & Ors., reported in : 2012 R.A.R. 8 (SC); (2) Lata Wadhwa & Ors. vs. State of Bihar & Ors. [Writ Petition (civil) 232 of 1991]; (3) General Manager, Kerala S.R.T.C. vs. Susamma Thomas, reported in : 1994 (2) SCC 176; (4) New India Assurance Col. Ltd. vs. Shanti Pathak & Ors., reported in : 2008 R.A.R. 167 (SC); (5) Ramesh Singh & Anr. vs. Satbir Singh & Anr., reported in : 2008 R.A.R. 76 (SC); (6) Shakti Devi vs. New India Insurance Co. Ltd. & Anr., reported in : 2011 R.A.R. 56(SC); and (7) Maharashtra State Road Transport Corporation vs. Lalnipuii, reported in : 2007 ACJ 561.

(3.) WHILE opposing the present appeal, learned counsel for the respondent relied on the judgment rendered by Hon'ble the Apex Court in the case of Amrit Bhanu Shali & Ors. vs. National Insurance Co. Ltd. & Ors., reported in : 2012 ACJ 2002, wherein it has been held that the age of the dependent has no nexus with computation of compensation and the selection of multiplier is based on the age of the deceased and not on the basis of the dependent It is further argued that the income of the deceased was assessed on the basis of daily wages amounting to Rs. 150/ - per day and therefore, it cannot be said to be on higher side.