NEW INDIA ASSURANCE CO LTD Vs. SHANTA LAKSHMI

JUDGEMENT

(1.) HEARD Sri. Mahesh, the learned Counsel for the appellant. It is his complaint that the Tribunal had awarded Rs. 6,19,304/- instead of Rs. 4,90,220/- and thereby making a difference of Rs. 1,29,084/ -. Such difference had occurred for the simple, reason, that, when the deceased had 10 months to go before retirement, the Tribunal had taken 11 multiplier, flat, instead of applying lesser multiplier as he had only 10 months of service and after retirement and thereafter he were to get 50% of the salary as pension and that, 1/3rd of the annual, income, had, been deducted towards personal expenses as the Tribunal - normally does. It is a case of death and the claimants are, the widow, and son. Since it is a case of death, I do not think it will make that big difference, in the matter of assessment of compensation, even if it is felt that there may be some error and thus, the compensation might have been marginally excess and on the "higher side; nevertheless, from the point of view that the claim is by the widow and son, I feel that the award cannot be challenged that seriously before this Court by filing this appeal. All the more, when there is a difference of Rs. 1,29,000/-, I feel that, that part of the award may be reduced by one half of the excess amount shown by the counsel for the appellant.

(2.) SINCE the Counsel for the appellant vehemently argued that the appellant Insurance Co, is going to loose substantial sum, the award stands reduced from Rs. 6,19,304/- to Rs. 5,54,720/ -.

(3.) THE Counsel for the appellant further submitted that as per the, Division Bench ruling of this Court reported in ILR 2000 Kar 3809, the award would have been Rs. 4,90,220/ -. In this context, it is relevant to extract paras 16 and 17 of the reported decision. The same are as hereunder,