NATIONAL INSURANCE CO LTD Vs. SAMIDA KHATOON

JUDGEMENT

(1.) The Appeal is for reduction of compensation of Rs. 30,14,800/- awarded for the death of Shamsher Alam who died in an accident which occurred on 26.12.2009. During the course of arguments, following contentions are raised:-

(2.) On the other hand, it is urged by the learned counsel for the Respondents/the Claimants that the deceased's age was shown 31 years in the Passport but the same was not challenged before the Claims Tribunal. In the grounds of Appeal, it has not been specifically averred that the age of the deceased was not 31 years.

(3.) The Respondents (Claimants) never claimed the deceased's age to be 31 years. Rather in the Claim Petition his age was mentioned as 38 years. Even in the postmortem report, the age was stated to be 38 years and thus the multiplier of 15 should have been adopted by the Claims Tribunal.