- (1.) Heard learned counsel for the appellant. The instant appeal has been preferred by the appellant ICICI Lombard General Insurance Company Ltd. against the judgment and awarded dated 21.2.2004 passed by the learned Motor Accident Claims Tribunal No. 1 Udaipur in Motor Accident Claim Case No. 1036/2010 whereby whilst accepting the claim application filed under Section 166 of the Motor Vehicles Act by the claimants for the death of their son Babu in a road accident, they were awarded a total compensation of Rs. 5,36,000/- along with interest @ 9% from the date of filing of the claim application.
(2.) Learned counsel for the appellant insurance company submitted that the compensation awarded is highly excessive and thus, should be reduced. He submitted that the deceased was a bachelor and thus, the Tribunal wrongly applied the multiplier based on the age of the deceased whereas, it should have been applied in context to the age of the dependents. He further submitted that the Tribunal committed a gross error in adding 50% in the income of the deceased by way of future prospects. The view taken by the Tribunal is contrary to the judgment of the Hon'ble Apex Court in the case of Reshama Kumari and ors. v. Madan Mohan and anr., 2013 5 Scale 160. He thus prayed that the compensation awarded be reduced suitable under the above two heads.
(3.) I have heard and considered the arguments advanced at the Bar and perused the impugned judgment.;