UNITED INDIA INSURANCE CO LTD Vs. DEVI DASS

JUDGEMENT

(1.) Both the appeals are directed against the judgment and award dated 12.12.2007 passed by Motor Accidents Claims Tribunal, Jammu in File No. 473/Claim, titled as Devi Dass and Ors. v. United India Insurance Co. Ltd. and Ors. (for short, impugned award), whereby an award of Rs. 4,34,000/ - along with 7% interest came to be awarded in favour of claimants and against the insurer-insurance company from the date of filing of the claim petition till its realization, on the grounds taken in the memo of appeals.

(2.) The dispute in both the appeals is about the quantum of compensation. According to learned Counsel for insurer-insurance company the Tribunal has not deducted 1/3rd income of deceased Satya Devi after assessing her income at Rs. 3000/ - per month. He accordingly prayed that the same be deducted for her personal expenses and Rs. 2000/ - be assessed as loss of dependency. However, learned Counsel for claimants argued that the Tribunal has wrongly applied the multiplier of 12 while assessing the loss of dependency, which in fact should be 15.

(3.) In order to return a finding, it is necessary to give a brief resume of the case, the womb of which has given birth to the present appeals.