NEW INDIA ASSURANCE CO LTD Vs. ASHA DALMIA

JUDGEMENT

(1.) THESE two Cross-Appeals arise out of a judgment dated 04.06.2010 whereby a compensation of Rs. 11,74,360/- was awarded in favour of the Respondents No.1 to 7 in MAC APP. No.646/2010 (hereinafter referred to "the Claimants"), for the death of Raju Dalmia who died in an accident which took place on 13.11.2005.

(2.) THE deceased was aged 38 years. He was in his own business. He was Director of M/s. Haryana Polysacks (P) Ltd. and M/s. Khatu Shyam Polyweave (Petitioner) Ltd. THE Claims Tribunal took the deceased's income as Rs. 1,07,747/-, deducted 1/3rd towards the personal and living expenses and applied the multiplier of 16 as per the deceased's age to compute the loss of dependency as Rs. 11,14,360/-.

(3.) THE Appellant New India Assurance Co. Ltd. has not disputed the liability or the fact that the incident occurred on account of rash and negligent driving by the driver of the Tata Sumo bearing No.UP-14H-8398. I would like to refer to the affidavit Ex.PW1/A of Asha Dalmia and her cross-examination to reach to the conclusion as to what was the actual financial loss suffered by the Claimants on account of Raju Dalmia's death.