LAWS(J&K)-2020-7-21

NATIONAL INSURANCE COMPANY LIMITED Vs. PARAMJEET KOUR

Decided On July 16, 2020
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
PARAMJEET KOUR Respondents

JUDGEMENT

(1.) Cm No. 799/2020

(2.) It is contended by Mr. D.S. Chouhan, learned counsel for the insurer, that the Tribunal has committed a serious error in computing the just and fair compensation and has, in the process, ignored the settled guidelines issued for computation of compensation for Motor Vehicle Accidents by the Supreme Court from time to time. It is urged that, as per the evidence on record and accepted by the Tribunal, the monthly salary of the deceased at the time of accident was Rs.7,898/- per month and the deceased was 27 years old.

(3.) Going by the age, it is contended, there ought to have been given the increase of 50% towards loss of future prospects and the applicable multiplier as laid down in "Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & anr. , 2009 3 Supreme 487" , case was 17. He further submits that having regard to number of dependents i.e., five, the deduction to be applied was 1/4th of the income of the deceased.