United Lindia Insurance Co Ltd. vs Shakuntala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 367

J. R. MIDHA
United Lindia Insurance Co Ltd. – Appellant
Versus
Shakuntala – Respondent

Advocates Appeared:
For the Appellant :Mr. Animesh Sinha, Advocate
For the Respondent:Mr. Nitin Garg, Advocate

JUDGMENT :

1. The petitioner has challenged the award dated 13th November, 2019 of the Claims Tribunal whereby compensation of Rs.20,24,400/- has been awarded to the claimants/respondents No.1 and 2.

2. The accident dated 21st October, 2016 resulted in the death of Arjun. The deceased was aged 20 years at the time of accident and was survived by his parents who claimed compensation. The deceased was a vegetable seller and according to the respondents No. 1 and 2, the deceased was earning Rs.12,000/- per month.

3. The Claims Tribunal took the income of the deceased as Rs.12,000/- per month, added 40% towards future prospects, deducted 50% towards personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.18,14,400/-. The Claims Tribunal awarded Rs.1,00,000/- (Rs.50,000/- each) towards loss of love and affection, Rs.80,000/- (Rs.40,000/- each) towards loss of consortium, Rs.15,000/- towards loss to the estate and Rs.15,000/- towards funeral expenses. Total compensation awarded is Rs.20,24,400/-.

4. Learned counsel for the appellant urged at the time of the hearing that minimum wages of Rs.6,814.81 as applicable in U.P. at the relevant time be taken into co

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