N.N.TIWARI
New India Assurance Company Ltd. – Appellant
Versus
Ramchandra Sao And Premchand Mahto – Respondent
N.N. Tiwari, J.
1. The stamp reports in both the civil revisions have given rise to a common question as to whether these civil revisions are maintainable in view of the provisions of Section 173 of the Motor Vehicles Act, 1988?
2. The question being common in both the cases, the same have been heard and being decided by this common order.
3. Civil Revision No. 127 of 2004 has been preferred against the judgment and award dated 25.5.2004 (Award sealed and signed on 25.8.2004) passed by the Presiding Officer, Motor Vehicles Claims Tribunal, Hazaribagh in Claim Case No. 105 of 1999 whereby the learned Tribunal has awarded compensation of Rs. 1,50,000/- along with interest at the rate of 5% per annum with effect from 18.7.1991 till realization payable to the claimant by the petitioner Insurance Company.
4. The petitioner has challenged the said award, inter alia on the ground that the deceased was a minor aged about 8 years and was a non-earning member, but the learned Tribunal has wrongly adopted the multiplier method. According to the petitioner, the quantum of compensation should have been decided on a lump- sum basis. It has been contended that the Tribunal has not properly discu
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