LAWS(DLH)-2009-8-11

SAJHA Vs. NATIONAL INSURANCE CO LTD

Decided On August 19, 2009
SAJHA Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) FOR the reasons stated in the applications and noting that the appellants have very good case on merits, the delay in filing and refilling of this appeal is condoned.

(2.) BOTH CMs stand disposed of.

(3.) THE deceased was aged 30 years at the time of the accident and was working as a loader at Azadpur Sabzi Mandi. In the absence of any documentary proof of income, the learned Tribunal took the minimum wages of Rs. 2,419/- per month into consideration and deducted 1/4th towards the personal expenses of the deceased and applied the multiplier of 17 to compute the loss of dependency at rs. 3,70,107/ -. The deceased died after six days of the accident and the learned tribunal awarded Rs. 10,000/- towards the expenditure on treatment, Rs. 10,000/-towards funeral expenses, Rs. 40,000/- towards loss of consortium and rs. 50,000/- towards loss of love and affection. The total compensation awarded is Rs. 4,80,107/ -.