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Rajasthan High Court · body

2011 DIGILAW 2600 (RAJ)

Shriram General Insurance Co. Ltd. v. Mangi Ram

2011-11-28

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—The only argument that has been advanced by learned counsel for the appellant while assailing the award of the learned Tribunal is that the multiplier should be taken on the basis of age of the father who is aged 50 years and not on the basis of age of de-ceased. The deceased was 28 years of age. It is argued that even if the age of father of deceased is mentioned as 50 years in the claim petition and that has been accepted by the Tribunal it should be taken as 50 plus. The learned Tribunal has therefore wrongly applied the multiplier of 17, whereas as the age of 50 plus, multiplier of 11 should be adop-ted. Counsel further submits that for self expenses of the deceased, deduction of ½ has to be made because the deceased was unmarried. 2. Counsel for the respondents has opposed the appeal and has argued that in view of the judgment of Supreme Court in Sarla Verma & Ors. vs. Delhi Transport Corpn. & Anr. (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), the multiplier of 13 has to be applied for the age group of 46-50 and the age of the father of the deceased was 50 years in view of the assertion made in the claim peti-tion, therefore, multiplier at the maximum can be reduced from 17 to 13. Counsel submits that if the multiplier is adopted on the basis of age of father, the deduction should be made 1/3rd towards self expenses. 3. In view of the judgment of Sarla Verma, supra and National Insurance Company Ltd. vs. Shyam Singh & Ors.-2011(3) TAC 625 (SC) = 2011(2) CCR 1132 (SC), average age of the parents has to be taken for adoption of multiplier and computation of compensation. The age of the father has been taken to be 50 years, therefore, it cannot be taken as 50 plus as if there is no reason for the Supreme Court in Sarla Verma, supra to indicate a separate age group for the persons aged 46-50 years and therefore multiplier of 13 is held applicable. The amount of compensation is recomputed on the basis of applicability of multiplier of 13. Thus the amount of compensation comes to Rs.2,34,000 (1500x12x13) under the head `loss of income'. The amount of compensation is recomputed on the basis of applicability of multiplier of 13. Thus the amount of compensation comes to Rs.2,34,000 (1500x12x13) under the head `loss of income'. The amount of compensation awarded under other non-pecuniary heads like Rs.10,000 for loss of love and affection for son and brother, Rs.10,000 for loss of estate and Rs.5,000 for funeral expenses is maintained. The total amount of compensation comes to Rs.2,59,000 (2,34,000 + 10,000+10,000+5,000). Thus the amount of compensation is reduced from 3,31,000 to Rs.2,59,000. The appeal is partly allowed.