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| HC dismisses appeal filed against MACT award | | Directs Registrar Judicial to release award amount to claimants | | Early Times Report
Jammu, Jan O2- Dismissing the appeal filed by National Insurance Company challenging
the award of MACT passed on February 28, 2008, Justice JP Singh of J&K High Court observed aid that keeping in view the facts and circumstances of the case and evidence which claimants had led in the case, court do not find any merit in appellant's counsel’s submissions that the tribunal had erred in selecting appropriate multiplier and in assessing just compensation to be paid to the claimant for death of Mohammed Rafiq. Thus there is no merit in this appeal which is dismissed and directed Registrar Judicial to release the amount deposited by the Insurance Company in the High Court in favour of the claimants. .
Justice Singh, after hearing Adv DS Chouhan appearing for the appellants and Adv Vishnu Gupta appearing for the respondents/claimants, further observed that Court do not find any error in the assessment of compensation made by the Tribunal, the amount awarded to widow and other claimants, would yield near about the same amount by way of interest if kept in the fixed deposit, which they had been getting from earnings of the deceased for their sustenance. Compensation to the claimants considered by a Court or tribunal awarded compensation is that the compensation so awarded should not be bonanza but amounts which recompense the dependents in enabling them to enjoy all those benefits which they would have so enjoyed as the deceased survived.
The MACT had awarded a compensation of Rs 5, 47, 000 to the claimants as compensation for the death of Mohammed Rafiq, who had died because of the injuries received by him when while waiting for a matador, a Truck driven rashly and negligently by Kaka Ram had struck him.
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