LAWS(DLH)-2012-11-250

RELIANCE GENERAL INSURANCE CO. LTD Vs. TETAR YADAV

Decided On November 27, 2012
RELIANCE GENERAL INSURANCE CO. LTD Appellant
V/S
Tetar Yadav Respondents

JUDGEMENT

(1.) The Appellant Reliance General Insurance Co. Ltd. impugns a judgment dated 17.07.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs. 6,15,500/- was granted in favour of the Respondents No.1 and 2 for the death of Sikander (a bachelor) in a motor vehicle accident which occurred on 17.03.2008.

(2.) During inquiry before the Claims Tribunal, it was claimed that the deceased was in private service, however, no evidence with regard to the deceased's income was produced on record. The Claims Tribunal, therefore, assumed the minimum wages of an unskilled worker as the deceased's income, added 50% towards inflation on the basis of the judgment of this Court in National Insurance Company Limited v. Kailash Devi, 2008 2 ACC 770, deducted 50% towards personal and living expenses and applied a multiplier of 15 as per the age of deceased's mother(40 years).

(3.) Following contentions are raised on behalf of the Appellant Insurance Company: