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Rajasthan High Court · body

2011 DIGILAW 2507 (RAJ)

Oriental Insurance Co. Ltd. v. Pushpa Kanwar

2011-11-18

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been filed by the appellant-Oriental Insurance Co.Ltd. assailing the award of the Motor Accident Claims Tribunal Tonk dated 20.4.2011 only on the ground that multiplier of 13 should have been adopted taking the age of the deceased to be 47 years. 2. Learned counsel for the appellant-insurance company has argued that the learned Tribunal has erred in law in accepting the age of the deceased to be 42 years and on that basis applied the multiplier of 15. Learned counsel submitted that age of the deceased has been taken as 42 years on the basis of last pay certificate produced, certified copy of which has been produced for perusal of the Court, in which, the actual date of birth of the deceased as 10.3.1962 has been erroneously written as 10.3.1967. Learned counsel has produced for perusal of the Court LIC Premium receipt in which also, date of birth of the deceased has been indicated as 10.3.1962 and also the certified copy of reply to the review petition filed by the appellant before the Tribunal, wherein claimant did not deny the factum about date of birth of the deceased to be 10.3.1962. All these documents are taken on record. Review petition has been mechanically rejected by the learned Tribunal. 3. Learned counsel for the respondents has opposed the appeal but was unable to controvert the genuineness of the documents, which have been produced by the appellant. 4. It thus appears that it was indeed a mistake in taking age of the deceased to be 42 years at the time of accident, which in fact was 47 years. As per the ratio of 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), therefore, on that age, multiplier of 13 should have been applied rather than 15. 5. Thus, applying the multiplier of 13, the quantum of compensation comes to Rs.14,35,044 (9199x12x13 = 14,35,044). However, award on all other non-pecuniary head, is maintained. Computing thus : 14,34,044 + 13,000 = 14,48,044, the award amount of Rs.16,74,920/- is reduced to Rs.14,48,044/- (-Rs.2,26,876/-), which the claimants are entitled to receive together with interest @7% as directed by the Tribunal from the date of filing of the claim petition. 6. The appeal is thus allowed in part.