THE ORIENTAL INSURANCE COMPANY LIMITED Vs. SMT. GODADEVI, W/O. SHRI VINOD KUMAR
LAWS(RAJ)-2017-8-129
HIGH COURT OF RAJASTHAN
Decided on August 01,2017

THE ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Godadevi, W/O. Shri Vinod Kumar Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 14.07.2015 passed by the Motor Accident Claims Tribunal, Suratgarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 23,70,320/- to the claimants on account of death of one Vinod Kumar.
(2.) It is submitted by learned counsel for the appellant that though the issue regarding the liability of the Insurance Company is covered by judgment of Hon'ble Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Company Ltd. and Ors.: Civil Appeal No. 5826/2011, decided on 3.7.2017 , the multiplier applied by the Tribunal is contrary to the material available on record, inasmuch as, the age of the deceased in the application has been indicated at 36 years, from the driving licence of the deceased, which is available on record, his age comes to 38 years, the Tribunal by taking the age of the deceased at 32 years has applied multiplier of 16, which deserves to be rectified.
(3.) Learned counsel for the respondents submits that the Tribunal was justified in taking the age of the deceased at 32 years on account of the postmortem report and the award to that extent does not call for any interference.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.