UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHANDRO DEVI

JUDGEMENT

(1.) The present civil miscellaneous appeal has been preferred by the Appellant-Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and award dtd. 27/6/2016 passed by the learned Motor Accident Claims Tribunal, Bhadra, District Hanumangarh (hereinafter referred to as the learned Tribunal) in Claim Case No. 9/2015 (CIS No. 9/2015) whereby the learned Tribunal partly allowed the claim petition and awarded Rs.5,22,596.00 as compensation.

(2.) Briefly stated, the facts giving rise to the present appeal are that the claimants-respondents filed a claim petition before the learned Tribunal stating inter alia that on 11/5/2014, on account of accident between the jeep bearing no. HR 45A 9191 and a pick up bearing no. HR 57 9010, Mukhram died. The claimants claimed a compensation of Rs.47,12,500.00. The claim petition was partly allowed and Rs.5,22,596.00 were awarded as compensation to the claimants-respondents. Aggrieved by the said judgment and award, the Appellant-Insurance Company has preferred the present appeal.

(3.) Mr. Mukul Singhvi, learned counsel representing the Appellant-Insurance Company submits that the learned Tribunal has erred in passing the impugned award. It is submitted that the FIR was filed after a delay of 4 days and no justifiable reason was given for the same. It is further submitted that the learned Tribunal has erroneously fixed the liability on the AppellantInsurance Company and has not considered the aspect that there was contributory negligence on part of driver of the jeep. It is also submitted that the multiplier applied for assessing the compensation is also excessive. It is submitted that the deceased was above 60 years of age and as such, a multiplier of 5 should have been applied instead of 9 for calculating the amount of compensation.