ORIENTAL INSURANCE CO LTD Vs. AMITA TRIPATHI

JUDGEMENT

(1.) This Appeal is for reduction of compensation of Rs.26,78,800/- awarded for the death of Sunil Tripathi, who was aged about 34 years at the time of the accident, which occurred on 02.06.2005.

(2.) The Motor Accident Claims Tribunal (the Claims Tribunal), by the impugned judgment dated 28.07.2011 took the deceased's income as Rs. 11,795/-, added 50% towards the future prospects, deducted one-fourth towards the personal and living expenses and applied the multiplier of '16' as per the deceased's age.

(3.) The contention raised by the Appellant Insurance Company is that during inquiry before the Claims Tribunal, it was admitted by the First Respondent Amita Tripathi through her Affidavit that she re-married on 21.04.2008. Thus, she could not have been considered as a dependent. It is urged that the deceased's father was admittedly having an income of Rs. 13,000/- per month by way of pension; otherwise also, as per Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 6 SCC 121, father is not considered as a dependant and thus, one-third of the deceased's income was required to be deducted towards the personal and living expenses.