J.K. Ranka, J. - (1.) Instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant -Insurance Company assailing the award dt. 26/03/2015 passed by the Motor Accident Claims Tribunal, Neem Ka Thana, District Sikar in MACT Claim Case No. 99/2012 whereby a compensation to the tune of Rs. 16,78,080/ - has been awarded to the claimants -respondents.
(2.) Brief facts of the case are that on 26/01/2012 at about 6.30 p.m. a Jeep bearing No. RJ -23 -UA -2482, which was being driven by its driver (Mukesh Kumar) in a high speed, in rash & negligent manner and on wring side, hit motorcycle of deceased -Puranmal at Manakshas Sarai road near Bagoli power house, as a result of which Puranmal sustained fatal injuries and expired on the spot. FIR to this effect came to be lodged with the concerned police station and a claim petition was filed before the Tribunal claiming compensation alleging that the deceased was working in PHED department of the State Government as a Beldar and was aged about 21 years at the time of accident and was drawing salary to the tune of Rs. 10,174/ - per month. The Tribunal, after detailed analysis, awarded compensation to the extent of Rs. 16,78,080/ - by the impugned award which is assailed herein.
(3.) Ld. counsel for the appellant -Insurance Company contended that the impugned award is unjustified, perverse and several illegalities have been committed by the Tribunal in passing the impugned award. He drew attention of this Court to the fact that admittedly the deceased was a Beldar and was aged about 21 years at the time when the accident occurred and in so far as the multiplier is concerned, it was applied of 18 which is incorrect and based on the judgment of Hon'ble Apex Court in the case of New India Assurance Co. Ltd. v/s. Shanti Pathak and others: : 2007 ACJ 2188 wherein three Judges' Bench of the Hon'ble Apex Court had opined that in a case where the deceased happens to be bachelor, then age of father and mother, lower out of the two, may be taken as the basis whereas the Tribunal in the instant case has applied multiplier of 18 taking into consideration the age of the deceased himself which is contrary to the law laid down by the Hon'ble Apex Court.;