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Rajasthan High Court · body

2011 DIGILAW 2597 (RAJ)

ICICI Lombard General Insurance Co. Ltd. v. Poonam Singhani

2011-11-28

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—These two appeals are preferred against the common award; one by the appellant-insurance company and another by the claimants. While the appellant insurance company has assailed the award on various arguments, but learned counsel for the appellant has confined his arguments to the point that since the deceased was an unmarried person, 50% should have been deducted towards his own expenses in terms of the judgment of Supreme Court in Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC) as also in National Insurance Company Ltd. vs. Shyam Singh & Ors.-2011 (3) TAC 625 (SC) by taking the average age of the parents for the purpose of adoption of multiplier. In the present case, the multiplier of 13 has been correctly applied for the age group of 46-50 as per the judgment of Supreme Court in Sarla Verma, supra because the age of the parents was within that group. The Tribunal has erred in deducting 1/3rd for the own expenses. 2. Learned counsel for the claimants opposed the appeal and argued that the deceased was offered a job having salary of Rs.15,000 per month because he was an MBA and he was about to join that job, however, due to unfortunate accident, he died and therefore his income should have been accepted more. It was argued that total earning of the deceased from the present employment is Rs.8,000, whereas Tribunal has accepted only Rs.6,000 per month. 3. On hearing learned counsel for the parties and perused the material on record, I find that the Tribunal has indeed deducted 1/3rd towards self expenses, whereas as per the ratio of the judgment of Sarla Verma, supra in case of unmarried person who died, 50% should be deducted for his own expenses on the assumption that an unmarried person spends more on himself rather than contributing to the family. The allowances for telephone and transportation were not taken part of the salary, therefore, the Tribunal has accepted Rs.6,000 as salary to compute the compensation, which is right in the facts and circumstances of the present case. The computation of compensation taking salary at Rs.6,000 and deducting 50% towards self expenses comes to Rs.4,68,000 (3000x12x13). The amount under others heads is maintained. Thus the total amount of compensation comes to Rs.4,83,000 (10000+5000). The computation of compensation taking salary at Rs.6,000 and deducting 50% towards self expenses comes to Rs.4,68,000 (3000x12x13). The amount under others heads is maintained. Thus the total amount of compensation comes to Rs.4,83,000 (10000+5000). The amount of compensation is thus reduced from Rs.6,39,000 to Rs.4,83,000. 4. The appeal of insurance company is accordingly allowed in part. However, the appeal filed by the claimants is dismissed.