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Rajasthan High Court · body

2011 DIGILAW 2471 (RAJ)

National Insurance Co. Ltd. v. Swadesh Shrivastava

2011-11-16

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—Appellant-insurance company is assailing the award of the Motor Accident Claims Tribunal, Ajmer dated 2.8.2010 on the premise that multiplier of 13 should have been applied keeping in view the age of the deceased and others because the deceased was unmarried son. Tribunal has applied the multiplier of 17 on the basis of the age of the deceased to be 22 years, whereas mother was aged 46 years therefore multiplier of 13 should have been applied and not of son. Learned counsel for the appellant in support of his argument has placed reliance on the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC). 2. Learned counsel for the claimant-respondent has opposed the appeal however could not dispute the correctness of the ratio of the aforesaid judgment of Supreme Court. 3. Thus, the appeal deserves to be partly allowed. 4. In the result, the appeal is allowed in part and the award of the Motor Accident Claims Tribunal, Ajmer dated 2.8.2010 is modified in the terms that amount of compensation shall be computed by applying the multiplier of 13 in place of 17. The amount is computed thus : 2500x12x13= Rs.3,90,000/- + Rs.15,000/- (Rs.4,05,000/-). The award amount of Rs.5,25,000/- is reduced to Rs.4,05,000/-. Claimant-respondent No.1 Smt.Swadesh Shrivastava shall be entitled to receive Rs.4,05,000/- together with interest @7.5% from the date of filing claim petition. Differential amount of Rs.1,20,000/- (5,25,000–4,05,000), which has been invested in the bank may be withdrawn and be paid to the Insurance Company. The remaining amount shall be paid to the claimant on maturity of the F.D.R. even if it become mature after this judgment first in point of time in terms of the directions of the Tribunal.