G.P.MITTAL
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Sarla Katiyar – Respondent
G.P. Mittal, J.
1. These two appeals arise out of judgment dated 25.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,77,073/- was awarded in favour of the Claimants for the death of deceased Babu Lal Katiyar, who died in a motor vehicular accident which occurred on 22.10.2009.
2. Appellant in MAC APP.467/2012 shall be referred to as the Insurance Company whereas Appellants in MAC APP.657/2012 shall be referred to as the Claimants for the sake of convenience.
3. During inquiry before the Claims Tribunal, the Claimants examined PW-2 Sushil Kumar, who was an eye witness to the accident. He testified about the manner of the accident. During evidence it was brought on record that deceased Babu Lal Katiyar was a practicing lawyer in Delhi High Court and Karkardooma Court and he was having an income of Rs.30,000/- per month.
4. In the absence of any authentic proof of the deceased’s income, the Claims Tribunal took minimum wages of a graduate, added 50% towards future prospects, deducted 1/4th towards personal and living expenses and applied the multiplier of 13, taking the age of the deceased to be 50 years.
5. The Claims Tri
Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr., (2005) 2 SCC 673
Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr., (2005) 2 SCC 673
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Safiya Bee v. Mohd. Vajahath Hussain @ Fasi, (2011) 2 SCC 94
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Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121
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