LAWS(KAR)-2014-9-306

NATIONAL INSURANCE COMPANY LIMITED Vs. SHANTABAI

Decided On September 08, 2014
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
SHANTABAI Respondents

JUDGEMENT

(1.) MFA No. 31134/2013 is filed by the insurance company for reduction of compensation inter alia contending that tribunal should not have adopted multiplier in terms of the judgment of Sarla Verma, 2009 AIR(SC) 3104 case despite noticing the fact that the deceased (working as Junior Assistant in NEKRTC) was aged about 57 years at the time of accident and was due to retire on attaining age of 60 years. In the circumstances, the tribunal was not justified in applying '9' multiplier as the deceased had been left with 3 years of service. The tribunal having held that the deceased was getting salary of Rs. 31,982/- per month has not deducted professional tax and income tax. MFA No. 31058/2013 is filed by the claimants for enhancement of compensation inter alia contending that compensation awarded by the tribunal under the heads 'love and affection', 'funeral expenses' and 'loss of expectation in life' is on the lower side.

(2.) We have heard the learned counsel for parties.

(3.) In a decision (in the case of Puttamma and others v. K.L. Narayana Reddy and another, 2014 AIR(SC) 706), the Supreme Court has held: