NEW INDIA ASSURANCE COMPANY Vs. ANIL PAL @ ANNU

JUDGEMENT

(1.) BOTH these appeal have arisen out of the same judgment, hence are being adjudicated herein below by this common verdict.

(2.) THE MACT Case No. 234/2008 was decided by the tribunal on 4.8.2011, wherein the compensation was awarded to the injured Anil Pal as under: - <FRM>JUDGEMENT_2_LAWS(UTN)10_2014.htm</FRM>

(3.) LEARNED Counsel of the injured has argued that the age of the victim was 28 years at the time of accident. So, multiplier of 17 would have been applied by the tribunal while assessing the total compensation. It was further argued that the total income has been measured as Rs. 36,000/ - and out of this 1/3rd has been reduced to 2 bring it to the tune of Rs./ 24,000/ -. Learned tribunal has committed an error while reducing this amount because 1/3rd income is reduced only in the case where the death occurs out of the accident on the premise that if the deceased would have been survived, he would have spent at least 1/3rd to meet out his own expenses.