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2002 Supreme(Jhk) 231

GURUSHARAN SHARMA
New India Assurance Company Ltd. – Appellant
Versus
Phulo Murmu – Respondent


ORDER

1. Heard the parties. On 8.11.1992 Maghnath Murmu. while travelling on roof of bus (BEP-9750) was hit by barrier of the chek-post. on his head, as a result of which, he fell down from the top of bus on road and sustained serious injuries and thereafter died.

2. On calculating annual dependency at Rs. 12,000/- the Tribunal applied 14 multiplier considering age of deceased at 25 years and that of his mother and applied 14 multiplier thereon. In this manner, a sum of Rs. 1,68,000/- was calculated as compensation amount under the Act.

3. The insurer of the bus, appellant before us, has no grievance against the aforesaid calculation of compensation amount. However, they have challenged the impugned award in respect of sum of Rs. 30,000/-added thereon in the following manner :

"(a) Rs. 10,000/- for loss towards mental shock and anguish, pain etc.

(b) Rs. 10,000/- for loss of future happy life with the deceased.

(c) Rs. 5,000/- for loss of consorting on companionship.

(d) Rs. 5 ,000/- for loss of enjoyment of life on the death of deceased."

The deceased was a bachelor and claimants were his mother and brother and as such there was no occasion for granting any compensation of loss of consort




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