National Insurance Company Ltd. v. Mosmat Jiuti Kuer
2015-01-05
AKHILESH CHANDRA
body2015
DigiLaw.ai
Akhilesh Chandra, J. – Counter affidavit has been filed on behalf of respondent no. 1 during course of the day. 2. Heard the parties. 3. This appeal has been preferred by the appellant (Insurance) against the judgment dated 09.05.2008 passed by Sri Balram Singh, Additional District and Sessions Judge, F.T.C.-2-Cum-Claim Tribunal Buxar, in M.V. Case No. 4/1997. 4. Since limited question involved in this appeal, no details of the fact etc. are required to be incorporated. 5. The only point involved in this appeal is as to whether the multiplier applied by the Claim Tribunal Below 18 is to be reduced to 11 and the deduction of 1/3rd is to be enhanced to 50%. Undisputedly, the claim is preferred by the mother of the deceased, who was unmarried and taking into consideration the age of the claimant there is no dispute amongst the learned counsels appearing on behalf of the parties that the multiplier required is 11 though wrongly applied as 18 considering the age of the deceased. 6. It is now undisputed that in view of the parents being claimant, as per the prescribed law, the deduction is to be of 50%. Hence, taking into consideration undisputed assessed notional income of the deceased Rs. 15,000/- per annum, if multiplied by 11, it comes to the tune of Rs. 1,65,000/- which after deduction of 50% comes to the tune of Rs. 82,500/-, wherein, Rs. 9,500/- is to be added as other expenditures and it comes to the tune of Rs. 92,000/-. 7. In that view of the matter, the award, as passed by the Claim Tribunal Below, is modified to the extent of Rs. 92,000/- with interest at the rate of 9% as awarded by the Claim Tribunal Below. 8. With the above modification, this appeal stands disposed of. 9. As prayed for, the statutory amount of Rs. 25,000/- be remitted back to the Claim Tribunal Below for further needful.