LAWS(MPH)-2010-9-6

SHANTABAI Vs. SOHAN LAL

Decided On September 24, 2010
SHANTABAI Appellant
V/S
SOHAN LAL Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of MA No. 2764/09 which is the appeal filed by respondent No. 3/Insurance Company against the award dated 6.7.2009 passed by I MACT, Indore in claim case No. 5/2009 whereby the claim petition filed by the appellants was allowed and in a death case, a sum of Rs. 2,74,000.00 was awarded holding the respondents liable for payment of compensation. Being aggrieved by inadequacy of the amount, present appeal has been filed while MA No. 2764/09 which has been filed by Insurance Company, grievance of respondent No. 3/Insurance Company is that respondent No. 3 has wrongly been held liable for compensation.

(2.) Learned counsel for appellants submits that deceased was Girdharilal who died on 1.9.2007. Learned counsel awarded a sum of Rs. 2,74,000.00 breakup of which is as under:- <FRM>JUDGEMENT_115_MPWN3_2010_1.html</FRM>

(3.) Learned counsel for appellants submits that income of deceased has been assessed @ Rs. 120.00 per day and 25 days in a month are taken into consideration. It is submitted that after deducting &#8531;rd towards personal expenses and after applying the multiplier of 11, the amount has been awarded. It is submitted that multiplier of 11 has wrongly been applied which ought to have been 13 keeping in view the age of appellant No. 1. It is submitted that income has been assessed on lower side and on other heads also the amount awarded is on lower side.