NEW INDIA ASSURANCE CO LTD Vs. BALESHWAR

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. seeks reduction of compensation of Rs.7,71,254/- awarded for the death of Smt. Bano.

(2.) THE ground of challenge is confined with regard to the deduction towards the personal living expenses and award of Rs.50,000/- towards love and affection. It is urged that in para 30 of the impugned judgment, THE Trial Court held that where the number of dependents are two to three, 1/3rd of the deceased income is to be deducted towards the personal and living expenses. It is urged that while making the actual calculations, the Claims Tribunal faltered and deducted 1/4th towards the personal living expenses instead of 1/3 rd. It is submitted that the compensation towards loss of love and affection is normally awarded upto Rs.25,000/-. Reliance is placed on Radhika Gupta & Others v. Oriental Insurance Co. Ltd., 2010 ACJ 758.

(3.) THE compensation is reduced to Rs.6,69,448/-from Rs.7,71,254/-