LALITA DEVI Vs. AMAN SINGH @ JASWANT SINGH

JUDGEMENT

(1.) THE widow, minor son and mother of deceased Ashok Kumar aged 45 years have preferred the present appeal seeking enhancement of compensation. The Tribunal having determined the age of deceased Ashok Kumar as 45 years applied the multiplier of '11' to arrive at the loss of dependency. A sum of Rs.2 lacs was received by the claimants invoking the personal accident claim policy taken by the deceased on his demise. The above amount was deducted from the total compensation awarded by the Tribunal. Nothing was awarded towards future prospects.

(2.) LEARNED counsel appearing for the appellants would submit that as per the decision in Sarla Verma vs. DTC, (2009) 6 SCC 121, the Tribunal should have applied the multiplier of '14' to arrive at the loss of dependency on the death of 45 years old man. He would also submit that as per the decision in Santosh Devi vs. National Insurance Co. Ltd. and others, 2012(2) RCR (Civil) 882, at least 30% of the income should have been added to the income of the deceased towards future prospects. It is his last submission that the Tribunal has wrongly deducted a sum of Rs.2 lacs received under the personal accident claim policy taken by the deceased without considering the fact that it was only the deceased who had paid premium for such a personal accident claim policy taken by him at the time of insuring his vehicle.

(3.) AS per the ratio laid down by the Hon'ble Supreme Court in Sarla Verma vs. DTC, (2009) 6 SCC 121, appropriate multiplier of '14' shall be applied to calculate the loss of dependency, instead of multiplier of '11' as applied by the Tribunal to arrive at the loss of dependency on the death of 45 years old man. Further as per the decision of the Hon'ble Supreme Court in Santosh Devi vs. National Insurance Co. Ltd. and others, 2012(2) RCR (Civil) 882, at least 30% of the income will have to be added to the income of the deceased towards future prospects.