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2004 Supreme(Jhk) 1129

N.N.TIWARI
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RAM CHANDRA SAO – Respondent


Advocates Appeared:
Alok Lal, G.C.Jha

Judgment :

( 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 25-05-2004 (Award sealed and signed on 25-08-2004) passed by the Presiding Officer, Motor Vehicles Claims Tribunal, hazaribagh in Claim Case No. 105 of 1999 whereby the learned Tribunal has awarded compesation 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











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