NATIONAL INSURANCE CO. LTD. Vs. BIMLA DEVI

JUDGEMENT

(1.) The appellant-Insurance Company has filed the appeal against the award dtd. 30/6/2008 passed by the learned Motor Accidents Claims Tribunal, Jammu whereby the claimants have been held entitled to compensation to the tune of Rs.11.00 lacs along with simple interest @ 7.5% per annum from the date of filing of claim petition till realization of the awarded amount. The Tribunal also provided the manner in which the claimants are to be paid the award amount. The claimants have also filed cross appeal for enhancement of the compensation so awarded by the Tribunal.

(2.) The award is challenged by the Insurance Company on the ground that the Tribunal has wrongly assessed the income of the deceased; that the wrong multiplier of 16 has been applied by the Tribunal though the multiplier was required to be scaled down by the Tribunal while applying the multiplier and that the Tribunal has wrongly awarded consortium and loss of estate in favour of the claimants.

(3.) The claimants have stated in their cross appeal that the Tribunal has wrongly reduced the earning of the deceased to Rs.9000.00 per month and ignored the implementation of sixth pay commission report which would have enhanced the future prospects of earning of the deceased and that the Tribunal has wrongly deducted 1/3rd as personal expenses of deceased which should not have been more than 1/4th of total income of deceased.