ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Vs. SUBHASH

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.6,64,090/- awarded for the death of an unmarried girl Neha who was aged about 19 years, had passed her 10+2 examination and was pursuing further studies by a correspondence course.

(2.) DURING inquiry before the Claims Tribunal, it was claimed that the deceased was working as a teacher in B.L. Shiksha Sadan, High School, Sonipat and was getting a salary of Rs.6,000/- per month. In the absence of any documentary evidence in the shape of an appointment letter or payment of salary or examination of any witness of the employer, the Claims Tribunal took the minimum wages of a matriculate, added 50% towards inflation to compute the loss of dependency as Rs.6,39,090.

(3.) THE Claims Tribunal in the absence of any cogent evidence with regard to the deceased's employment was justified in taking minimum wages of a matriculate for the purpose of computing the loss of dependency. Addition on account of inflation, however, was not justified. THE loss of dependency comes to Rs.4,26,060/-. On addition of sums of Rs.25,000/- towards loss of love and affection and Rs.10,000/- each towards loss to estate and funeral expenses, the overall compensation comes to Rs.4,71,060/-.