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2015 DIGILAW 1599 (HP)

New India Assurance Company Ltd. v. Cheeno alias Manisha

2015-10-30

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 2.8.2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Chamba in MAC No. 31/2008/07, titled Smt. Cheeno alias Manisha and another versus Sh. Vipan Kumar and others, for short ?the Tribunal?, whereby compensation to the tune of Rs.4,73,000/- alongwith interest @ 7.5% per annum was awarded in favour of the claimants and appellant herein came to be saddled with the liability, hereinafter referred to as ?the impugned award?, for short. 2. Claimants, insured and driver have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. 3. The learned counsel for the appellant argued that the Tribunal has fallen in an error in applying the multiplier of ?17? whereas multiplier of ?15? was applicable and wrongly awarded Rs.15,000/- under the head ?funeral expenses? and Rs.50,000/- on account of loss of love, affection and loss of estate. 4. I have gone through the record and the impugned award. The deceased was 25 years of age at the time of the accident. Multiplier of ?15? was applicable in view of the 2nd Schedule of the Motor Vehicles Act, for short ?the Act, read with Sarla Verma and others versus Delhi Transport Corporation and another reported in AIR 2009 SC 3104 and upheld in Reshma Kumari and others versus Madan Mohan and another, reported in 2013 AIR SCW 3120. 5. Having said so, the Tribunal has fallen in an error in applying the multiplier of ?17? and amount awarded under the other heads is just and appropriate and cannot be said to be excessive. 6. Viewed thus, the claimants are entitled to compensation to the tune of Rs.24,000/-x15= Rs.3,60,000/- plus Rs.65000/-. Total Rs.4,25,000/- along with interest @7.5% from the date of claim petition till its realization. 7. Registry is directed to release the amount, in favour of the claimants, strictly, as per the terms and conditions contained in the impugned award, through payee's cheque account and excess amount, if any, be released to the insurance company, through payee's cheque account. 8. The impugned award is modified, as indicated hereinabove and the appeal is disposed of. 9. Send down the record, forthwith, after placing a copy of this judgment.