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National Insurance

High Court Of Kerala|07 November, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.
This appeal is filed by the Insurance Company challenging the award in O.P (MV)No.56/2008 of the Motor Accidents Claims Tribunal, Manjeri.
2. We heard the learned counsel on both sides.
3. The learned counsel for the appellant submits that the injured in this case was aged 9 as on the date of the accident namely 26/4/1998. The application was filed after he attained the age of 18. It is submitted that the multiplier adopted by the Tribunal is incorrect in the light of the decision of the Apex Court in Sarla Verma v. Delhi
Transport Corporation (2010(2) KLT 802). It is submitted that instead of 18 adopted as multiplier, actually the multiplier going by the above decision of the Apex Court would be 15 since the victim was less than the age of 15 as on the date of the accident. Going by
paragraph 40 of the judgment of the Apex Court in Sarla Varma's case, upto the age of 15 years, in the column governing multiplier it is shown as 15. In that view of the matter, we allow the appeal to that extent and instead of 18 as multiplier, it will be 15. Therefore, the compensation for permanent disability will be ` 1,08,000/- instead of ` 1,29,600/- granted by the Tribunal. The award is modified as follows :
only) Total -. ` 1,31,162/-
============ ( Rupees One lakh thirty one thousand one hundred sixty two If the amount has not been deposited so far, the same will be deposited by the Insurance Company within three months. The amount will carry interest at the rate granted by the Tribunal.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.
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Title

National Insurance

Court

High Court Of Kerala

JudgmentDate
07 November, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Sri George Cherian