- (1.) Heard learned counsel for the parties.
(2.) This F.A.F.O. No. 3226 of 2013 has been preferred by The Branch Manager, The Oriental Insurance Company Limited, Sonebhadra against the judgement and award dated 19.08.2013 passed by the Motor Accidents Claims Tribunal/District Judge, Sonebhadra in M.A.C.P. No. 299 of 2010 (Smt. Anarkali Devi and others Vs. Gulab Chandra Yadav and others) by which a sum of Rs. 32,33,500/- has been awarded as compensation to the claimants-respondents for the death of one Hosila Prasad Dubey, husband of claimant-respondent no. 1 and father of claimant-respondent nos. 2 to 4, caused on 9.10.2010 as a result of the injury received by him in an accident which had taken place on 8.10.2010 due to rash and negligent driving of the driver of Indigo bearing registration no. U.P. 64L/8596 while the deceased was going on his motorcycle. The F.A.F.O. No. 577 of 2019 has been preferred by the claimant-appellants for enhancement of compensation.
(3.) The only ground on which the learned counsel for the appellant in F.A.F.O. No. 3226 of 2013 has assailed the impugned judgment and award is that considering the age of the deceased at the time of his death, the Tribunal ought to have applied the multiplier of 11 in place of 13 as per the dictum laid down by the Apex court in the case of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another reported in 2009 (2) T.A.C. 677 (S.C.).;