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Judgment
This appeal is preferred by the Insurance company challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, D.K., Mangalore (''Tribunal'', for short] in MVC No.966/2009.
The sole ground of attack is with regard to the multiplier adopted by the Tribunal in reckoning the loss of dependency. Indisputably, the deceased was aged about 65 years at the time of the accident. Considering the same, the Tribunal adopted the multiplier of ''9'', which is prima facie contrary to the Judgment of the Hon''ble Apex Court in the case of ''SARLA VERMA AND OTHERS vs. DELHI TRANSPORT CORPORATION AND ANOTHER'', reported in [2009] 6 SCC 121. The appropriate multiplier would be ''7'', considering the age of the deceased as 65 years. However, considering the compensation awarded by the Tribunal under different heads, the total compensation awarded at Rs.3,09,260/- cannot be construed as excessive or exorbitant. Apparently, the compensation awarded under other heads is too meager. In such circumstances, I decline to interfere with the total quantum of compensation determined by the Tribunal.
Hence, the appeal stands dismissed. Amount in deposit shall be transferred to the jurisdictional Tribunal for disbursement.