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2016 DIGILAW 639 (JK)

Oriental Insurance Co. Ltd. v. Krishan Dinkar

2016-12-07

R.SUDHAKAR

body2016
JUDGMENT : R. SUDHAKAR, J. 1. This appeal is of the year 2009. It is a case of fatal accident. The accident in this case happened on 12.04.2006. The deceased Nirmala Sharma aged 44 years said to be a Government Teacher was going on a Motor Cycle as a pillion rider which was hit by a Tipper lorry bearing registration No. JK02F/3581, insured with the appellant. In the accident she died. On her death her seven years old son is the claimant. 2. The finding of negligence and liability of the owner of the vehicle and Insurance Company to compensate the claimant is not disputed. The appeal is canvassed only on the quantum of compensation. 3. Tribunal in this case fixed the income of the deceased at Rs. 9394/- and after deducting 1/3rd towards the personal expenses, the pecuniary loss was determined as Rs. 75,151/- per annum. The multiplier of 15 was adopted by the Tribunal granting the claimant the compensation as follows: Loss of dependency Rs.11,27,279/- For funeral expenses Rs.15,000/- Total Rs.11,42,279/- With interest @ 7.5% per annum. 4. In appeal it is pleaded that the multiplier of 14 should have been applied in terms of the decision rendered by Hon'ble Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. reported in 2009 (3) Supreme 487 . However, while going through the award the Court does not find any reason to reduce the quantum of compensation for the following reasons: (1) in this case no future prospectus has been considered as the deceased is a Government Teacher and has long years of service. (2) No amount has been granted for loss of love and affection to the seven years old minor child. Assuming that excess amount has been granted, as alleged by the appellant, that can be adjusted as above. Therefore, the compensation is not excessive. There is no merit in the appeal and is dismissed. The award of Tribunal stands confirmed. The appellant-Insurance Company is directed to deposit the compensation, if not already deposited and the claimant(s) will be at liberty to withdraw the same.