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2013 Supreme(Ori) 407

B.N.MAHAPATRA
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
MAHESWAR DAS – Respondent


JUDGMENT

B.N. Mahapatra, J.

This Review Petition has been filed seeking review of the judgment dated 6th April, 2012 passed by this Court in M.A. No. 373 of 2001. The petitioner seeks review of the impugned judgment on a short point, i.e., if the Hon’ble Single Judge of this Court applied 14 multiplier for the purpose of determining the compensation on the basis of judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104, the Hon’ble Single Judge should have deducted 50% of the income of the deceased towards his personal expenses instead of deducting 1/3rd as held by the Hon’ble Supreme Court in the case of Sarla Verma (Supra).

2. Learned Counsel for the Review petitioner referring to averments made in paragraphs 7 and 8 of the Review Petition, submitted that this Court has rightly relied upon the case of Smt. Sarla Verma (supra), to adjudicate the appeal. This Court while deciding M.A. No. 373 of 2001 has determined the income of the deceased at Rs. 40,000 per annum as per decision of the Hon'ble Supreme Court in the case of Lata Wadhwa and Others Vs. State of Bihar and Others, AIR 2001 SC 3218, and











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