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2009 Supreme(P&H) 1196

A.N.JINDAL
National Insurance Co. Ltd. – Appellant
Versus
Azad Singh – Respondent


Judgment

1. A.N. Jindal, J.CM No. 16549-CII of 2009:

For the reasons mentioned in the application, the delay of 6 days in re-filing the appeal is condoned.

F.A.O. No. 3666 of 2009:

2. This appeal, preferred by the appellant insurance company is directed against the order dated 10.3.2009, passed by the Motor Accidents Claims Tribunal, Jhajjar.

3. Having examined the records of the case, the only stress given by the learned counsel for the appellant is that Navin Kumar (deceased) was unmarried son and his parents were about 52 years old, therefore, multiplier of 18 has wrongly been applied by the court.

4. Admittedly, the deceased who was 25 years old was the unmarried son. The claimants are his parents. The income of the deceased has been rightly assessed at Rs. 3,500 as the minimum wages has been held to be Rs. 3,500 as modified by the State of Haryana vide notification dated 27.6.2007 and the wages were likely to be increased with the passage of time. The Tribunal has assessed the compensation on the parameters of minimum wages which he was earning at the time of accident. It was also observed in case Sarla Verma v. Delhi Transport Corpn., 2009 ACJ 1298 (SC), that in case the decea


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