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2015 DIGILAW 248 (HP)

National Insurance Company Limited v. Leela Devi

2015-03-27

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. The insurer has questioned the judgment and award, dated 3rd May, 2007, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P. (for short "the Tribunal") in MACT Petition No. 36-P/II/2003, titled as Leela Devi and others versus Dinesh Kumar and others, whereby compensation to the tune of Rs. 2,40,600/- came to be awarded in favour of the claimants and the insurer came to be saddled with liability. 2. The claimants, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellant-insurer has questioned the impugned award on the ground that the accident has occurred due to the rash and negligent driving of the deceased, the rashness and negligence of the driver of the offending vehicle has not been proved and the appellant-insurer is not liable to pay the compensation. 4. I have gone through the findings recorded by the Tribunal. There is ample evidence on the file to prove that the driver of the offending vehicle has driven the vehicle rashly and negligently on 21.04.2003, at about 11.45 a.m. at place Ambari, caused the accident, in which Shri Parkash Chand sustained injuries and succumbed to the injuries. 5. Admittedly, the age of the deceased was 54 years at the time of accident and his income was assessed at Rs.4,000/- per month, which is too meager. The Tribunal has applied multiplier of 7', is just and proper, cannot be said to be at higher side in any way. The Tribunal has discussed all these aspects in paras 15 to 23 of the impugned award. 6. Viewed thus, the amount awarded is too meager, however, the claimants have not questioned the same, is accordingly maintained. 7. In view of the above, the appeal deserves to be dismissed. Accordingly, the appeal is dismissed and the impugned award is upheld. 8. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the impugned award after proper identification. 9. Send down the record after placing copy of the judgment on Tribunal's file.