ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. JANNAT

JUDGEMENT

(1.) THESE two Appeals (MAC APP.872/2011 and MAC APP.154/2012) arise out of a common judgment dated 29.07.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.12,56,136/- was awarded for the death of Mohd. Shamim, a bachelor aged about 26 years.

(2.) DURING inquiry before the Claims Tribunal, it was claimed that the accident was caused on account of rash and negligent driving of truck No.HR-38K-0923 by Bachittar Singh, Respondent No.6. It was claimed that the deceased was employed as a labourer at Chicken shop and was earning Rs.9,000/- per month.

(3.) IT is urged on behalf of the Insurance Company that the deceased Mohd. Shamim was a bachelor, aged 26 years. The deceased's mother was aged 47 years. In the circumstances, there should have been a deduction of 50% towards the personal and living expenses and the multiplier of Rs.14' should have been applied as per the age of the mother. Reliance is placed on Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.