ORIENTAL INSURANCE CO. LTD. Vs. EKRAMMUDDIN & ORS.

JUDGEMENT

(1.) THIS Appeal is for reduction of compensation of Rs.3.75,000/ - awarded for the death of Nadeem a 10 years old school going boy who died in an accident which occurred on 21.01.2007. The Claims Tribunal relying on the judgment of his Court in National Insurance Company Limited v. Farzana & Ors., : 2009 ACJ 2763 awarded a compensation of Rs.3.75 lacs.

(2.) IT is urged by the learned counsel for the Appellant that deduction of 1/3rd must be made towards personal and living expenses as was laid down in R.K. Malik v. Kiran Pal 2007 ACJ 2010. In the case of Manju Devi & Anr. v. Musafir Paswan & Anr. VII, (2005) SLT 257 a boy aged 13 years died in a accident which occurred on 02.07.1998, the Supreme Court granted a compensation of Rs. 2,25,000/ - on a multiplier of 15 without making deduction of 1/3rd towards personal and living expenses. Para 3 of the report in Manju Devi (supra) is extracted hereunder: -

(3.) THIS Court in Shyam Narayan v. Kitty Toors, IV (2005) ACC 1 relying on the judgment of Manju Devi (supra) granted a sum of Rs.2.25,000/ - towards loss of dependency in case of death of a minor child aged 5 years.