LAWS(DLH)-2014-4-146

NEW INDIA ASSURANCE CO LTD. Vs. SHAMIM FATIMA

Decided On April 01, 2014
NEW INDIA ASSURANCE CO LTD. Appellant
V/S
Shamim Fatima Respondents

JUDGEMENT

(1.) The present appeal is preferred against the impugned award dated 18.09.2012, whereby the learned Tribunal has granted compensation for an amount of Rs.8,60,016/- with interest at the rate of 9% 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 on the date of the accident the deceased was 20 years of age, he was bachelor and left behind his parents. Therefore, the learned Tribunal ought to have deducted one-half of the income of the deceased towards personal expenses instead of one-third.

(3.) He further submits that keeping in mind the age of the deceased, i.e., 20 years, and the fact that the parents were only dependent upon him as he was unmarried, the learned Tribunal ought to have applied the multiplier as per the age of the parents, whereas it has applied the multiplier of 18 as per the age of the deceased.