ICICI LOMBARD GENERAL INS. CO LTD Vs. CHANDERWATI

JUDGEMENT

(1.) These are two Cross-Appeals. MAC APP No.904/2011 has been filed by ICICI Lombard General Insurance Co. Ltd (hereinafter referred to as the insurance company ) seeking reduction of compensation of Rs. 20,49,880/- awarded for the death of Mempal who was aged about 50 years at the time of the accident which occurred on 11.09.2010.

(2.) By the impugned judgment, the Tribunal took the deceased's income as Rs. 19,470/-, deducted 1/3 rd towards the personal and living expenses and applied the multiplier of 13(according to the deceased's age) to compute the loss of dependency as Rs. 20,24,880/-.

(3.) In the Cross-Appeal MAC APP No.906/2011, preferred by the Appellants Chanderwati & Ors. (hereinafter referred to as the Claimants) who are the legal representatives of the deceased Mempal, enhancement of compensation is sought on the ground that the deceased was going to be promoted as a clerk in the near future. He was entitled to increments @ 3% every year apart from an increase in the salary by DA, twice every year. It is averred that although the Claims Tribunal in para 4 of the impugned judgment admitted that the number of dependents were four apart from one married daughter, yet the Claims Tribunal deducted 1/3 rd of the deceased income towards personal and living expenses instead of 1/4 th.