UNITED INDIA INSURANCE CO. LTD. Vs. RAMVATI UPADHYAY

JUDGEMENT

(1.) These are two Cross-appeals. MAC APP No. 199/2011 has been filed by the Appellant United India Insurance Co. Ltd. for reduction of compensation of Rs. 41,53,800 awarded for the death of Sh. R.K. Upadhyay who was aged 57 years and 4 months at the time of his death in an accident which occurred on 24.3.2006.

(2.) The Cross-objections which were registered as MAC APP. No. 383/2011 have been preferred by the Respondents 1 to 5 on the ground that the compensation awarded is meagre. For the sake of convenience, the Appellant United India Insurance Co. Ltd. shall be referred to as the Insurer and the Cross-Objectionists shall be referred to as the Claimants.

(3.) During inquiry before the Claims Tribunal, it was established that the deceased R.K. Upadhyay was a Mechanical Engineer and was working as an Assistant General Manager with Engineers India Ltd., a public sector undertaking of the Government of India. The Claims Tribunal found that the accident was caused on account of rash and negligent driving of bus No. DL-lPB-5979 insured by the Appellant; deducted an amount of Rs. 1,35,219 towards the liability of Income Tax; deducted 1/3rd towards personal and living expenses as the number of dependents were two i.e. the deceased's wife and the deceased's mother; applied multiplier of 9 suitable to the deceased's age to compute the loss of dependency as Rs. 41,18,814.