Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3440 of 2018 Appellant :- The National Insurance Company Limited Respondent :- Siyawati And 5 Others Counsel for Appellant :- Vinay Kumar Khare
Hon'ble Ashok Kumar,J.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 08.03.2018 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 1, District Fatehpur in M.A.C.P. No. 87 of 2015.
Heard learned counsel for the appellant.
The submission of the learned counsel for the appellant is that the order of the Tribunal is not acceptable, so far as the multiplier 17 has been applied in the instant case.
According to the counsel for the appellant, the Tribunal has reached at the conclusion that at the time of death the victim- deceased was about 32 years old, however, the Tribunal has applied the multiplier being 17, whereas it should have been 16.
The submission of the learned counsel for the appellant prima facie appears correct, as in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, 2009 ACJ, 1298 the Hon'ble Apex Court has held that in the case of a death, if the victim-deceased is between 31 to 35 years of age the multiplier of 16 should have been applied. In this regard the order of the Tribunal requires modification.
The other submission of the learned counsel for the appellant is with respect of the personal and living expenses. The Tribunal has concluded while allowing 1/4th, whereas according to the counsel for the appellant and in view of the decision in the case of Smt. Sarla Verma (supra), the same should have been 50% i.e. 1/2.
Learned counsel for the appellant has placed reliance on para 15 of the judgment in the case of Smt. Sarla Verma (supra).
Since the matter is remanded to the Tribunal, the Tribunal is directed to consider the aforesaid issue and the proposition of law, by the Hon'ble Supreme Court in the case of Smt. Sarla Verma (supra).
The appeal is accordingly disposed of.
The matter is remitted to the Tribunal to reconsider the aforesaid two issues and decide the same by reasoned and speaking order within a period of two months from the date the certified copy of this order is produced before him by the counsel for the appellant. The counsel for the appellant undertakes to produce within two weeks.
Any amount deposited in this Court shall be remitted to the concerned Tribunal within two weeks.
Order Date :- 21.8.2018 SK Srivastava