LAWS(DLH)-2012-9-436

NATIONAL INSURANCE CO LTD Vs. UDAY CHANDRA MISHRA

Decided On September 26, 2012
NATIONAL INSURANCE CO LTD Appellant
V/S
UDAY CHANDRA MISHRA Respondents

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.6,30,000/- awarded in favour of Respondent Nos.1 and 2 for the death of Sanatan Mishra aged 18 years, who died in a motor accident which occurred on 28.4.2007.

(2.) DURING the enquiry before the Claims Tribunal it was claimed that the deceased was earning Rs.4,000/- per month. In the absence of any evidence with regard to the deceased's income the Claims Tribunal took into consideration the minimum wages of a semiskilled worker, deducted 50% personal and living expenses and applied a multiplier of 18 to compute the loss of dependency.

(3.) THE Appeal must succeed on all the three grounds.