LAWS(DLH)-2012-7-622

PRABHAWATI Vs. NEW INDIA ASSURANCEC CO LTD

Decided On July 31, 2012
PRABHAWATI Appellant
V/S
NEW INDIA ASSURANCEC CO LTD Respondents

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.11,02,850/- for the death of Jaishree, who died in a motor vehicle accident which occurred on 8th July, 2006.

(2.) THE Claims Tribunal accepted the deceased's income as Rs.8998/- deducted 1/4th towards personal expenses and applied the multiplier of Rs.13' taking the age of the deceased as 47 years (as per ration card).

(3.) AT the same time, it transpires that the age of the deceased was taken as 47 years for granting loss of dependency. As per Ex.AW1/1 proved at the time of additional evidence recorded before the Registrar, the deceased's date of birth is 15th December, 1952. Thus, the deceased was 54 years on the date of the accident. In the circumstances, the appropriate multiplier would be Rs.11' as against Rs.13' taken by the Claims Tribunal.