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J.R.MIDHA
Jitender Kumar – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nirupam Prabhakar and M.K. Sinha, Advs
For the Respondents: J.P.N. Shahi, Adv.

JUDGMENT :

J.R. Midha, J.

1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,54,500 was awarded to the appellants. Appellants seek enhancement of the award amount.

2. The accident dated 4.9.2005 resulted in the death of Sagar. The deceased was aged 3 years at the time of the accident and was survived by his parents who filed the claim petition before the learned Tribunal.

3. Learned Tribunal took the notional income of the deceased at Rs. 15,000 per annum and deducted 1/3rd for the personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency at Rs. 1,50,000. Rs. 2,500 has been awarded towards the loss to estate and Rs. 2,000 has been awarded towards funeral expenses. The total compensation awarded is Rs. 1,54,500.

4. The learned Counsel for appellants refers and relies upon the judgment of this Court in the case of National Insurance Co. Ltd. v. Farzana 2009 ACJ 2763 (Delhi), in which compensation of Rs. 3,75,000 has been determined in respect of the death of a child aged 7 years, following the judgments of the Apex Court, Rajasthan High Court and this Court in the cases of Manju Devi v. Musafir Paswa

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