On December 23, 2022, the Punjab and Haryana High Court, while dismissing an appeal filed by an insurance company against an award passed by the Motor Accident Claims Tribunal, observed that it was only for 41 and above years of age that a multiplier of 14 was appliable while calculating a fair and reasonable award.
Brief Facts:
The present appeal was filed on behalf of the Insurance Company against an Award dated 01.07.2022 passed by Motor Accident Claims Tribunal, Pathankot in a MACP case whereby a total compensation of Rs.19,10,000/- was awarded to the claimants/respondents No.1 to 4 herein along with an interest at the rate of 7.5% per annum from the date of filing the claim petition till its realization. The compensation was awarded on the account of the death of Sarabjit Saini and the claimants were the mother, widow and two minor daughters of the deceased.
The learned Tribunal, based on the material placed before it held that the deceased died due to injuries suffered by him in an accident that took place on 08.07.2021 due to rash and negligent driving of a truck bearing registration No. PB-65-AH-9799, being driven by respondent No.5 herein. The Tribunal further held the appellant as well as the driver and owner of the offending vehicle were liable to pay the compensation jointly and severally. The appellant being aggrieved by the award given by the Tribunal filed an appeal before the High Court.
Contentions of the Appellant:
It was submitted that the learned Tribunal was in error in applying a multiplier of 15 by taking the age of the deceased as 38 years on basis of Exhibit A1 post-mortem report of the deceased as, as per Exhibit R7 PAN card and Exhibit R8 Aadhaar verification certificate, date of birth of the deceased was shown as 17.06.1981, and therefore, age of the deceased should have been taken as more than 40 years, as he was 40 years and 21 days old on the date of the accident i.e., 08.07.2021.
Observations of the Court:
The Hon’ble court observed that even if the age of the deceased was taken to be 40 years and 21 days, a multiplier of 15 was applicable, which was also in conformity with the judgments of the Hon’ble Supreme Court in National Insurance Company Limited v Pranay Sethi and others, and Sarla Verma Vs. Delhi Transport Corporation. It was only for 41 and above years of age that a multiplier of 14 was applicable. Admittedly, the deceased was not yet 41 years old.
The Decision of the Court:
The appeal was dismissed and the award given by the Motor Accident Claims Tribunal was upheld.
Case Title: Oriental Insurance Company Ltd. Vs. Sudesh Kumari and Others
Coram: Hon’ble Ms. Justice Nidhi Gupta
Case No.- FAO-5579-2022 (O&M)
Advocate for Appellant: Mr. H.P.S. Kochhar
Read Judgement @LatestLaws.com
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