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M/s. New India Assurance Company Limited, Represented by its Divisional Manager, Thanjavur Vs. Kuppusamy and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA (MD) No. 1508 of 2007 & M.P (MD) No. 1 of 2007
Judge
AppellantM/s. New India Assurance Company Limited, Represented by its Divisional Manager, Thanjavur
RespondentKuppusamy and Others
Excerpt:
.....act, against the order and decree dated 28.12.2004 made in mcop.no.976 of 2003 on the file of the motor accident claims tribunal, additional sub judge, thanjavur.) judgment: 1. it is the case of unfortunate fatal accident took place on 22.08.2003 about 7.30 p.m near thanjavur-pattukottai road. the legal heirs of the deceased filed an application in mcop.no.976 of 2003 before the motor accident claims tribunal, additional sub judge, thanjavur, and the tribunal by considering the facts and circumstances of the case, awarded rs.3,76,000/- as total compensation with interest at 9% per annum. the appellant insurance company filed the present appeal, questioning the award passed by the tribunal as excessive. 2. the learned counsel for the appellant contended by stating that the multiplier.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 28.12.2004 made in MCOP.No.976 of 2003 on the file of the Motor Accident Claims Tribunal, Additional Sub Judge, Thanjavur.)

Judgment:

1. It is the case of unfortunate fatal accident took place on 22.08.2003 about 7.30 p.m near Thanjavur-Pattukottai road. The legal heirs of the deceased filed an application in MCOP.No.976 of 2003 before the Motor Accident Claims Tribunal, Additional Sub Judge, Thanjavur, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.3,76,000/- as total compensation with interest at 9% per annum. The appellant insurance company filed the present appeal, questioning the Award passed by the Tribunal as excessive.

2. The learned counsel for the appellant contended by stating that the multiplier applied by the Tribunal while fixing the compensation was not right and requires re-consideration. The contention of the counsel is that the Tribunal ought to have adopted '10' multiplier instead of '13'. The fact remains that the deceased was working as a Mazdoor in a Milk Society and had three dependants.

3. Though the counsel had argued that multiplier of '10' ought to have been adopted, this Court is not inclined to accept the same, in view of the fact that the person died was a Mazdoor aged about 50 and was having three dependents. Hence, the award requires no re-consideration and accordingly, the compensation fixed by the Tribunal is confirmed.

4. The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already. On such deposit, the respondents/claimants are permitted to withdraw their shares as apportioned by the Tribunal, less the amount already withdrawn, if any, through RTGS, by filing necessary applications before the Tribunal.

In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)No.1 of 2007 is closed.


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