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2006 Supreme(Del) 1128

SANJAY KISHAN KAUL
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
RENU JAIN – Respondent


Advocates Appeared:
Arjun Mitra, SAMEER NANDWANI, SANJAY JAIN


SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner, United India Insurance company, has filed the present petition impugning the order of the Motor Accidents' tribunal determining the compensation on account of the demise of late Dr. Vinod sharma. Respondents No. 1 to 3 are wife, daughter and son of the deceased, who were claimants before the Tribunal, while respondents No. 4 and 5 are father and mother of the deceased, who were impleaded before the Tribunal as proforma respondents no. 4 and 5.

( 2 ) THE question raised in the present proceedings is in respect of the formula to be applied in respect of the income of the deceased. The deceased was an MBBS Doctor and had a Diploma in Opthalmic Medicine and surgery. At the time of death, the deceased was of 46 years of age. The annual income of the deceased was found to be Rs. 1,12,922/

( 3 ) WHILE taking into consideration the future prospects of increase of income of the deceased, the multiplier of 3 was applied. It is this aspect which is sought to be impugned by the petitioner.

( 4 ) LEARNED counsel for the petitioner contends that the multiplier could not have been more than 2 and in this behalf refers to the judgment of the Apex Cou





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