1. This motor accident claim case has arisen out of an application ...

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8 M.V.Act, the appropriate multiplier in this case would be '15'. Now, if we multiply the annual dependency, Rs.24,000/- only, by the multiplier, '15', then the total loss of dependency would be Rs.3,60,000/- only, to which amount the claimant is found entitled. 22. The claimant is also found entitled to an amount of Rs.2,000/- only for funeral expenses of the deceased, and another sum of Rs.5,000/- only for loss of consortium. 23. Thus, in total, the claimant is entitled to an amount of Rs.3,67,000/- (Rupees Three Lakhs Sixty Seven Thousand) only, as compensation for the death of her deceased husband in the road traffic accident in question. 24. From the evidence of the claimant, it appears that the claimant is having her mother-in-law i.e., mother of the deceased and one minor child of the deceased alive, and as such each of them will get 1/3 rd of the above amount of Rs.3,67,000/- only found due to the claimant as compensation. 25. The Bajaj Allianz General Insurance Company Ltd. represented by the OP Nos.1 and 2 being the insurer of the said vehicle are liable to make payment of the compensation amount found due to the claimant as the Insurance policy in question covers the risk of deceased, the owner of the vehicle. Though, the claimant submitted her Petition for compensation u/s 163(A) MV Act, yet to my considered view as the deceased was not a third party, said Section will not be attracted, rather Sec. 166 of the M.V. Act covers the claim of the claimant on the facts and circumstances of the case. 26. Accordingly, both these issues are answered. O R D E R 27. In view of my decision arrived at on the issues, the OP No.1, Branch Manager/ Divisional Manager of Bajaj Allianz General Insurance Company Ltd., admittedly, being the insurer of the vehicle bearing registration No. AS.07.C/ 0119 is directed to make payment of Rs.3,67,000/- (Rupees Three Lakhs Sixty Seven Thousand ) only, as compensation to the claimant within a period of two months from the date
9 of this award, failing which interest @ 6% p.a will accrue to the awarded amount till realisation. The claimant is directed to deposit the 1/3 rd of the awarded amount as share to be paid to the mother of the deceased, on receipt of the awarded amount from the Opposite party. 28. This MACT case stands disposed of accordingly. 29. Both the parties will bear their respective costs. 30. Let a copy of this Judgment be forwarded to the OP No.1 for compliance. Given under my hand and seal of this Tribunal on this 20 th day of December, 2012. Dictated & corrected by me - (P.K.Khanikar) Member, M.A.C.T. Lakhimpur, North Lakhimpur. (P.K.Khanikar) Member, M.A.C.T. Lakhimpur, North Lakhimpur. Transcribed & typed by- S.Kshattry, Stenographer.
Page 1 and 2: IN THE COURT OF MEMBER, MOTOR ACCID
Page 3 and 4: 3 7. To arrive at a just decision o
Page 5 and 6: 5 According to this court, the lega
Page 7: 7 High Court in the case of Bajaj A

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