NEW INDIA ASSURANCE CO. LTD Vs. GURMEET KAUR

JUDGEMENT

(1.) VIDE the instant appeal, the appellant/Insurance Company has challenged the impugned award dated 09.12.2011, whereby the learned Tribunal has granted the compensation amount in favour of the respondents/claimants as under:- <FRM>JUDGEMENT_1725_ILRDLH23_2013.htm</FRM>

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued on two grounds. Firstly, the learned Tribunal has wrongly deducted 1/4th towards personal expenses of the deceased. He submitted that the total number of dependents were five, i.e., wife, two children and parents of the deceased. However, the learned Tribunal has not considered the father as dependent upon the deceased and considering only four dependents deducted 1/4th towards personal expenses. Whereas as per the well accepted principle, the learned Tribunal ought to have deducted 1/3rd towards personal expenses.

(3.) ON the issue of deduction of personal expenses, learned counsel appearing on behalf of the respondents has relied upon Sarla Verma & Ors. Vs. DTC & Anr., (2009) 6 SCC121 and submitted that the Apex Court in para 30 has held as under:-