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2015 Supreme(HP) 1672

MANSOOR AHMAD MIR
New India Assurance Company Ltd. – Appellant
Versus
Cheeno alias Manisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. B.M. Chauhan, Advocate.
For the Respondents:Mr. Sat Prakash, Mr. Vivek Singh Thakur, Advocate, for respondent No.3.

JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the judgment and award dated 2.8.2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Chamba in MAC No. 31/2008/07, titled Smt. Cheeno alias Manisha and another versus Sh. Vipan Kumar and others, for short ?the Tribunal?, whereby compensation to the tune of Rs.4,73,000/- alongwith interest @ 7.5% per annum was awarded in favour of the claimants and appellant herein came to be saddled with the liability, hereinafter referred to as ?the impugned award?, for short.

2. Claimants, insured and driver have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them.

3. The learned counsel for the appellant argued that the Tribunal has fallen in an error in applying the multiplier of ?17? whereas multiplier of ?15? was applicable and wrongly awarded Rs.15,000/- under the head ?funeral expenses? and Rs.50,000/- on account of loss of love, affection and loss of estate.

4. I have gone through the record and the impugned award. The deceased was 25 years of age at the time of the accident. Multiplier of ?15? was applicable in view of the 2nd Schedule of the Motor Vehicles Act,

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