UNITED INDIA INSURANCE COMPANY LIMITED Vs. ABDUL RAZAK

JUDGEMENT

(1.) MFA201/2013 (MVC 731/2011) is filed by the insurance company for reduction of compensation. The claim petition was filed by the parents, younger brother and younger sister of deceased Mohammed Salaluddin Maliq who died in a motor vehicle accident that took place on 11.03.2011. The deceased was not married and he was aged about 18 years at the time of accident. The learned counsel for insurance company would submit that father is not the recognized dependant; in the absence of evidence to the contrary, the choice of multiplier in a claim petition filed for the death of unmarried person by the parents shall be on the basis of the age of youngest parent.

(2.) In the course of proceedings, claimant No. 1 namely Abdul Razak (the father of deceased) died. Therefore, the remaining claimants are the widowed mother of deceased, his younger brother and younger sister. The younger sister of deceased was aged about 18 years and younger brother was aged about 8 years at the time of accident. In the circumstances, it can safely be inferred that the deceased had three dependants.

(3.) In a judgment (in the case of Amrit Bhanu Shali & others v. National Insurance Company Limited & others, 2012 AIR(SCW) 3901), the Supreme Court has held: