SHRIRAM GENERAL INSURANCE CO LTD Vs. BABLI DEVI

JUDGEMENT

(1.) VAKALATNAMA on behalf of respondent nos.8 and 9, filed by Mr. Bharat Singh, Advocate, today in the Court, is accepted on record. Since those respondents are the driver and owner of the offending vehicle and the liability has been fastened only upon the insurance company, so they do not have much concern as regards the merits of this appeal, which has been preferred by the insurance company, agitating the quantum of compensation, as awarded by the Tribunal.

(2.) THIS Court has rendered hearing to learned counsel for the appellant/insurance company and learned counsel for the claimants/respondents.

(3.) IT was submitted that the age of deceased Sonu S/o Gopal Singh was disclosed to be 23 years in the petition while in the post -mortem report, it was assessed as 24 years. However, the Tribunal has accepted his tentative age as 23 years at the time of his death. Since, he was a bachelor, hence the Tribunal has wrongly made deduction of 1/3rd towards the personal expenses of deceased. There should have been the deduction of one -half of the total income because all the claimants, who are the mother and younger sisters and brothers of deceased, were not wholly dependent on him. Deceased's father Gopal Singh has deliberately not been impleaded as party/claimant with a view to claim compensation at the enhanced rate.