NATIONAL INSURANCE COMPANY LTD. Vs. SMT. CHAMAN SULTAN AND OTHERS
LAWS(ALL)-2013-3-286
HIGH COURT OF ALLAHABAD
Decided on March 07,2013

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Smt. Chaman Sultan And Others Respondents

JUDGEMENT

Anil Kumar Sharma, J. - (1.) Challenge in this appeal is to the award dated 15.12.2012 passed by M.A.C.T./Additional District Judge, Court No. 7, Saharanpur in M.A.C.P. No. 213 of 2011, whereby compensation of Rs. 4,01,500/- together with simple interest @ 6% per annum had been awarded to the claimant-respondents no. 1 to 3 on account of death of Mohd. Nazar Khan in the instant accident.
(2.) We have heard Sri Pankaj Rai, counsel for the appellant, and Sri Pradeep Chandra, appearing for claimant-respondents, perused the record as also papers filed along with memo of appeal.
(3.) Learned counsel for the appellant has assailed the award on three points. Firstly, he has contended that age of the deceased was about 61 years, but the Tribunal ignoring the second schedule of Motor Vehicles Act where multiplier of '5' has been prescribed, has applied multiplier of '7'. We are not convinced with this argument. The learned Tribunal has followed the principle laid down by the Apex Court in the case of Smt. Sarla Verma & others v. Delhi Transport Corporation and another reported in 2009 (2) TAC 677 : 2009 (75) ALR 638 (SC) = 2009 (78) AIC 153 and has taken multiplier of '7' instead of '5'. We do not find any illegality in the findings.;


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