LACHHMI DASS Vs. HRTC

JUDGEMENT

(1.) BY means of this review petition, the petitioner prays that the judgment dated 24.08.2011, passed by this Court be recalled.

(2.) THE basic point raised in the review petition is that the multiplier should have been applied keeping in view the age of the deceased and not the age of the claimants. In this behalf, reference has been made to the judgment of the Apex Court in Sarla Verma (Smt.) and other versus Delhi Transport Corporation and another, (2009) 6 SCC 121, wherein the Apex Court, while dealing with the issues to be determined by the Tribunal, held as follows: 18. xxxxxxxxxxxxxxxxxx (i) additions/deductions to be made for arriving at the income; (ii) the deduction to be made towards the personal living expenses of the deceased; and (iii) the multiplier to be applied with reference to the age of the deceased. xxxxxxxxxxxxxxxxxx

(3.) THE Apex Court in General Manager, Kerala State Road Transport Corporation, Trivandrum versus Susamma Thomas (Mrs) and others, (1994) 2 SCC 176, has clearly held that multiplier will depend upon the age of the deceased or the age of the dependents, whichever is higher. The observations of the Apex Court are as follows: