ORIENTAL INSURANCE CO. LTD Vs. SHARDA

JUDGEMENT

(1.) The present appeal has been filed by the appellant/Insurance Company challenging the impugned award dated 16.03.2006, whereby the learned Tribunal had granted compensation for an amount of Rs.4,06,680/- with interest at the rate of 6% 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 submits that while calculating the loss of dependency, the learned Tribunal had deducted one-third of the income of the deceased towards personal expenses and keeping in mind the Second Schedule of the Motor Vehicles Act, 1988, applied the multiplier of 16 as the age of the deceased was 20 years on the date of the accident.

(3.) He further submits that at the time of the accident, the deceased was aged 20 years. He was a bachelor, and parents were dependent upon him. Therefore, keeping in view the settled law, one-half should have been deducted from the income of the deceased towards personal expenses.