LAWS(DLH)-2010-2-208

ORIENTAL INSURANCE CO LTD Vs. PANKAJ SHARMA

Decided On February 09, 2010
ORIENTAL INSURANCE CO. LTD Appellant
V/S
PANKAJ SHARMA Respondents

JUDGEMENT

(1.) The appellant has chal-lenged the award of the learned Tribunal whereby compensation of Rs. 5,70,000 has been awarded to the claimants-respondent Nos. 1 to 3.

(2.) The accident dated 26.3.2006 resulted in the death of Sharda Devi Sharma. The deceased was survived by her two sons and a daughter who filed the claim petition before Motor Accidents Claims Tribunal.

(3.) The deceased was aged 43 years at the time of the accident and was doing the stitching work. The learned Tribunal treated the deceased as a housewife and took the value of her services as Rs. 3,000 per month following the judgment of the Hon'ble Supreme Court in the case of Lata Wadhwa v. State of Bihar, 2001 ACJ 1735. The learned Tribunal has applied the multiplier of 15 to compute the loss of dependency at Rs. 5,40,000. Rs. 20,000 has been awarded towards loss of love and affection and Rs. 10,000 towards funeral expenses. The total compensation awarded is Rs. 5,70,000.