IDHYA DEVI Vs. NARENDRA SINGH

JUDGEMENT

(1.) These two appeals are directed against the Judgment/Award dated 17.7.1996 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 664/92, whereby Tribunal has awarded a sum of Rs. 2,98,000/- as compensation in favour of claimants in respect of death of late Shri Badri Prasad who died in an accident took place on 25.7.1992 arising out of motor vehicle.

(2.) The claimants have filed S.B. Civil Misc. Appeal No. 1038/1996 for enhancement of amount of compensation whereas the Oriental Insurance Company has filed S.B. Civil Misc. Appeal No. 548/1998 to exonerate the Insurance Company from its liability to indemnify the claim amount.

(3.) The counsel for the claimants appellants contended that in view of the age of the deceased, the multiplier of 10 applied in the present case for the purpose of calculating the amount of compensation is inadequate, therefore, multiplier of 16 should be applied. The counsel for the Insurance Company has contended that it was a case of contributory negligence, therefore, the amount of compensation should be reduced to the proportionate for which deceased is held to be responsible for the accident.