ORIENTAL INSURANCE CO LTD Vs. BABURAO NARHARI KAWADE

JUDGEMENT

(1.) LEARNED Counsel for the Appellant seeks leave to amend the Appeal. Leave granted. Appellants too carry out the amendment in the course of the day.

(2.) RECORDS and proceedings were called for.

(3.) THIS is an Appeal by the Insurance Company in respect of an Award by the Motor Accident Claims Tribunal, Raigad, Alibaug in Accident Claim Case No.442 of 1980 in respect of an incident which occurred on 10th January, 1989 resulting in the death of the cleaner of the vehicle. The Claimants who are his parents filed a claim application. The Insurance Company was made a party to the proceedings. The original owner was also made a party to the proceedings but his legal heirs are not brought on record. The claim proceeded, evidence was recorded. After recording evidence the Claims Tribunal for dependency awarded an amount of Rs.67,200/- quantified at the rate of Rs.350/- per month and with the multiplier of 16. Amount was also awarded for funeral expenses quantified at Rs.3.000/- and for loss of affection Rs.2,500/-. It is the Insurance Company which has preferred the present Appeal.