High CourtsSingle Bench(2011) 12 KAR CK 0106

M/s. ICICI Lombard General Insurance Company Ltd. vs Smt Sweety N. Jain, Ronak N. Jain, Tejal N. Jain Do Late Nami Chand, Appellants 2 and 3 being Minors Rep By The 1st Appellant, Mother and Natural Guardian Herein and Dhiraj Gandhi

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal No. 10355 of 2010 (MV)

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Judgment

8 paragraphs · 212 words

Huluvadi G. Ramesh

1.

Notice to respondent No. 4 is dispensed with.

2.

This appeal is by the insurer challenging the quantum of compensation awarded in MVC No. 6671/2009 by award dated 17.8.2010 by the XXI ACMM & MACT, Bangalore.

3.

In the claim petition filed u/s 163A of the Motor Vehicles Act for grant of compensation, the Tribunal has awarded a total compensation of Rs. 4,77,400/- towards the death of one Namichand, aged 33 years, who died in the accident occurred on 30.6.2009 near Siddaiah Road, Bangalore, due to the negligence of the rider of another motorcycle which dashed against the motorcycle in which the deceased was travelling as a pillion rider.

4.

Heard.

5.

The Tribunal, instead of taking the multiplier 17, has taken the multiplier of 18. Hence, by adopting the multiplier 17, the loss of dependency would come to Rs. 4,08,000/- plus the claimants are entitled for Rs. 9,500/- towards conventional heads. Thus, claimants are entitled for Rs. 4,17,5000/- which is rounded of to Rs. 4,18,000/-, in modification of the award of the Tribunal with 6% interest from the date of petition till deposit, Insurer to deposit the amount in three months.

Appeal is allowed in part.

The amount in deposit be transferred to the Tribunal for disbursement.