THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.841 of 2003 Date: 01-7-2010 Between United India Insurance Co. Ltd., Rep. by its Divisional Manager, Hyderabad … Appellant/Respondent No.2 and 1. N.Lakshmi Bai and 4 others … Respondents/Claimants 6. T.Pandu … Respondent/Respondent No.1 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.841 of 2003 Oral Judgment: Heard Smt. A.Padma, learned standing counsel for the appellant. 2. Appeal by the insurer challenging the order and decree, dated 31-7-2002, in O.P.No.224 of 1996, passed by the Chairman, M.V.Act cum II Additional District Judge, Ranga Reddy district, awarding a sum of Rs.2,98,100/- as against the claim of Rs.5,47,000/- made by the claimants. 3. The appellant herein is the insurer, respondents 1 to 5 are the claimants and respondent No.3 is the insured. 4. The only contention urged before this court is that from the driving licence of the deceased, his age cannot be fixed properly. 5. It appears that from the driving licence issued to the deceased he would be 15 years, whereas from the post-mortem certificate issued by the doctor, it appears that as on the date of death, the age of the deceased would be around 26 years. 6. It is not a serious question as to whether at what age driving licence was issued to the deceased. The question is as on the date of death, what is the age of the deceased ? For that, the post-mortem certificate and the age mentioned therein alone has to be taken into consideration in the present case and in my considered view, the Tribunal had rightly taken into consideration the age and applied the multiplier in order to arriving at the present sum towards compensation. Furthermore, the dispute with regard to the age of the deceased as on the date of issuance of driving licence, cannot be treated as a serious question and on the other hand, the same has to be treated as trivial breach and reliance cannot be placed on such trivial breach. 7. For the aforementioned, I do not find any merit in the appeal. 8. In the result, the appeal is dismissed, confirming the order under appeal. _______________________ JUSTICE D.S.R.VARMA 01st July, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.841 of 2003 01st July, 2010. (Ak)