ORIENTAL INSURANCE CO. LTD. Vs. MINA DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated on 3rd April, 2006 passed by Motor Vehicles Accidents Claims Tribunal, Godda in MVAC Case No. 32/2004 whereby a sum of Rs. 4,39,500/ -has been awarded.

(2.) LEARNED counsel appearing on behalf of the appellant assailed the award on the sole ground that the quantum of compensation assessed by the Tribunal is on higher side. According to the learned counsel the deceased was a mason and according to the evidence his daily earning was Rs. 135 -140/ - and in that view of the matter compensation of 4 lacs and odd ought not to have been awarded.

(3.) SO far the question of quantum of compensation assessed by the Tribunal is concerned, law has been well -settled that the Insurance Company cannot challenge the quantum of compensation. We, therefore, do not find any reason to interfere with the quantum of compensation awarded by the Tribunal i.e. Rs. 4,80,000/ -. However, r law has equally been settled that when compensation is assessed by applying multiplier theory then compensation on other heads is not permissible. The Tribunal ought not to have awarded further amount towards funeral expenses, loss of consortium and loss of estate. To that extent we hold that the additional amount of Rs. 9,500/ - ought not to have been awarded.