NATIONAL INSURANCE COMPANY LIMITED Vs. MAHESWAR DAS

JUDGEMENT

(1.) This Review Petition has been filed seeking review of the judgment dated 06.04.2012 passed by this Court in M.A. No.373 of 2001.

(2.) The petitioner seeks review of the impugned judgment on a short point, i.e., if the Hon'ble Single Judge of this Court applied 14 multiplier for the purpose of determining the compensation on the basis of judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and others Vs. Delhi Tranport Corporation and another, 2009 2 TAC 677, the Hon'ble Single Judge should have deducted 50% of the income of the deceased towards his personal expenses instead of deducting 1/3rd as held by the Hon'ble Supreme Court in the case of Sarla Verma .

(3.) Learned counsel for the Review petitioner referring to averments made in paragraphs 7 and 8 of the Review Petition, submitted that this Court has rightly relied upon the case of Smt. Sarla Verma to adjudicate the appeal. This Court while deciding M.A. No.373 of 2001 has determined the income of the deceased at Rs.40,000/- per annum as per decision of the Hon'ble Supreme Court in the case of Lata Wadhwa Vs. State of Bihar, 2001 8 SCC 197 and applied multiplier 14 on the basis of the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma . However, while making deduction towards personal expenses of the deceased who was a bachelor, this Court has ignored the principle laid down in Smt. Sarla Verma and deducted 1/3rd instead of 50% of the income towards personal expenses. Therefore, he prayed for review of the judgment by re-determining compensation deducting 50% of the income of the deceased towards his personal expenses as held by Hon'ble Supreme Court in Smt. Sarla Verma .