NATIONAL INSURANCE CO LTD Vs. MOHD SABIR

JUDGEMENT

(1.) THE Appellant National Insurance Co. Ltd. seeks reduction of compensation of Rs. 2,40,220/- awarded for the death of Atish Ahmed who was aged 22 years at the time of the accident which occurred on 19.12.2005.

(2.) BY the impugned order, the Claims Tribunal took the deceased's income of an unskilled worker to be Rs. 3165/- per month, deducted 2/3rd towards the deceased's personal and living expenses as the deceased was a bachelor and Respondents No.1 to 4 (Claimants before the Tribunal) who were the deceased's elder brothers and sisters were not financially dependent upon him. The Claims Tribunal took 1/3rd of the deceased's income as the loss of dependency and applied the multiplier of 17 to compute the loss of dependency as Rs. 2,15,220/-. On adding further sum of Rs. 25,000/- towards loss of love and affection and expenses on last rites, a compensation of Rs. 2,40,220/- was awarded.

(3.) THERE is no dispute about the proposition of law that the legal representatives who represent the estate of the deceased can apply for grant of compensation under Section 166 of the Act. The question for determination is whether there was any loss of dependency or the award of compensation would be under the non-pecuniary heads and towards loss to estate. In Narender Singh & Ors v. Sudershan Kumar & Ors, 2005 ACJ 731, this Court held that the compensation towards loss of dependency can be awarded only when there is financial loss to the legal representatives. In para 69 of the report, it was held as under: