The Motor Accidents Claims Tribunal allowed a claim for Rs.2 lakhs for the death of a 6-year-old child. The Insurance Company appealed challenging the multiplier used. The High Court reduced the multiplier from 20 to 15, fixing compensation at Rs.1,99,500.
Compensation fixed at Rs.1,99,500 with interest at 9% per annum till realisation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER &
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932
MACA.No. 73 of 2004() --------------------OPMV.894/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD
APPELLANT/2ND RESPONDENT:
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., HIGH LANE PLAZA, KASARGOD.
BY ADV. SRI.RAJAN P.KALIYATH
RESPONDENT(S): CLAIMANTS AND RESPONDENT 1
ADV. SRI.M.SASINDRAN FOR R3
SRI.GRASHIOUS KURIAKOSE FOR R1&2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
-----------------------------------------------------M.A.C.A. 73 of 2004
Dated: JUNE 14, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under sec.173 of the Motor Vehicles Act the 2nd respondent Insurance Company in OP(MV) 894/2000 on the file of the Motor Accidents Claims Tribunal, Kasargod, challenges the judgment and award of the Tribunal, dated,September 26, 2003 awarding a compensation of Rs2 lakhs for the loss caused to the claimants on account of the death of their son Ashfad in a motor accident.
M.A.C.A. 73 of 2004 2
before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.2 lakhs with interest at 9% per annum from the date of petition till realisation against the respondents and proportionate costs. The 2nd respondent, Insurance Company, has now come up in appeal challenging the quantum of compensation awarded by the Tribunal.
M.A.C.A. 73 of 2004 3
that can be adopted is 15 and that therefore the Tribunal went wrong in taking the multiplier of 20. There is force in the above contention.
In the result, the appeal is disposed of as found above.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-
2 issues framed by the court
Whether the Tribunal was justified in adopting a multiplier of 20 instead of 15 as shown in the Second Schedule of the Motor Vehicles Act.
Whether the quantum of compensation awarded by the Tribunal for the death of the deceased needs to be disturbed.
2 provisions across 1 enactments
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.
AHAMMAD
BADRUNNISA
ABDUL RAHIMAN N.E.
A.K.BASHEER
P.Q.BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
