LAWS(DLH)-2013-9-344

NEW INDIA ASSURANCE CO LTD. Vs. BASANTI DEVI

Decided On September 19, 2013
NEW INDIA ASSURANCE CO LTD. Appellant
V/S
BASANTI DEVI Respondents

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 21.09.2011, whereby the learned Tribunal has granted a total compensation of Rs.12,61,108/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that at the time of the accident, the deceased was 26 years of age, however, the learned Tribunal has wrongly applied the multiplier of 18 contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121.

(3.) THEREFORE , keeping in view the afore noted dictum of Sarla Verma (supra) and the age of the deceased, i.e., 26 years at the time of the accident, the appropriate multiplier is 17.