SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Raj) 611

MOHAMMAD RAFIQ
National Insurance Co. Ltd. – Appellant
Versus
Vimla Sharma – Respondent


Advocates Appeared
Smt. Manju Jain, for Appellant

RAFIQ, J.—For stated reasons, delay in filing appeal is condoned. Application under Section 5 of Limitation Act stands allowed. Appeal is heard on merits.

2. This appeal has been preferred by National Insurance Company Limited against award dated 19.11.2011 of learned Motor Accident Claims Tribunal, Jaipur City, Jaipur, in MAC Case No.998/2007. Learned Tribunal by aforesaid award, has allowed claim petition filed by claimants awarding compensation of Rs.5,98,000/- in a death case.

3. Smt. Manju Jain, learned counsel for appellant, submitted that award is excessive and suffered from various illegalities and, therefore, appeal should be admitted and allowed suitably reducing the quantum of compensation.

4. It is contended that at relevant point of time deceased was 29 years of age and, therefore, as per judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), multiplier of 17 should have been adopted rather than 18 adopted by learned Tribunal.

5. Second contention is that there was no definite proof that deceased was working as electrician and, therefore, his monthly incom








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top