NATIONAL INSURANCE CO.LTD. Vs. PROMILA DEVI

JUDGEMENT

(1.) Even though in the grounds of appeal the judgment and award of the Tribunal has been assailed on two counts, with respect to the finding about the rashness and negligence and the quantum of compensation, during the course of hearing of the case today Ms. Devyani Sharma, learned Counsel appearing for the appellant has submitted that she does not press the ground regarding the rashness and negligence and that the only ground which she is urging against the impugned award is with respect to the quantum of compensation. No other point was urged.

(2.) The Tribunal awarded a compensation of Rs. 7,92,000, apart from awarding Rs. 10,000 each to every claimant under the Heading of "conventional damages on account of loss of love and affection". The methodology adopted by the Tribunal for arriving at the compensation amount of Rs. 7,92,000 was this :

(3.) The Tribunal even though found and held that as per the evidence adduced, the monthly income of the deceased was Rs. 3276.71, looking to his future prospects he treated his monthly income at Rs. 6,500 and by deducting l/3rd of this amount towards the personal expenses of the deceased (and hence 2/3rd of this amount as the loss of dependency), the loss of dependency as far as the claimants are concerned, was worked out at Rs. 4,400 per month. By applying the multiplier of 15 to the annual loss of dependency on the aforesaid formula, the compensation amount was capitalized at Rs. 7,92,000.