NATIONAL INSURANCE COMPANY LTD. Vs. SUSHILA JAIN

JUDGEMENT

(1.) AS an aftermath of the accident, claimants- respondent Nos. 1 and 2 (herein referred as 'the claimants') in their claim petition were awarded compensation to the tune of Rs. 5,55,000/- alongwith interest @ 7.5% per annum on account of the death of Ankur Jain, aged about 25 years in a motor vehicular accident.

(2.) CHALLENGE has been made on twin grounds viz. the wrong assessment regarding dependency as well as the multiplier.

(3.) AS such while examining the case from all angles, the deduction of 1/3rd of the total income, which he would have spent upon himself, was not inappropriate. The Tribunal, keeping in view the judgment delivered in case Municipal Corporation of Greater Bombay v. Shri Laxmaniyer and another, 2003(4) R.C.R.(Civil) 764 : 2004 (1) P.L.R. 446, applied the multiplier of 10, which I do not need to disturb. In case Municipal Corporation of Greater Bombay v. Shri Laxmaniyer and another's case (supra), the Apex Court observed as under :-