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2016 Supreme(P&H) 591

AJAY TEWARI
Oriental Insurance Company Limited – Appellant
Versus
Premwati – Respondent


Advocates:
For the Appellant:Mr. D.P.Gupta, Advocate.
For the Respondent No.1:Mr. Ashwani Arora, Advocate.

JUDGMENT

Mr. Ajay Tewari, J. (Oral):- This appeal has been filed against the award of compensation to respondent No.1-claimant. The Tribunal took the monthly income of the deceased as Rs.15,312/- and after deducting half thereof towards personal needs the annual dependency was fixed at Rs.91,872/-. The deceased was 55 years of age, therefore, multiplier of 11 was applied and the total amount was assessed at Rs.10,10,592/-. An additional sum of Rs.10,000/- was awarded towards funeral expenses. In total a sum of Rs.10,20,592/- was awarded alongwith interest @ 7.50% per annum from the date of filing of the petition till its realization. All the respondents were jointly and severally liable to compensate the claims. 50% of the compensation was ordered to be paid in cash to the claimant while the remaining amount was ordered to be deposited in FDR.

2. The brief facts are that the deceased was travelling as a pillion rider on a motorcycle driven and owned by his son, Sri Pal-respondent No.2 and he died as a result of an accident caused by the rash and negligent driving of the respondent No.2 and unknown vehicle.

3. The first argument of learned counsel for the appellant is that the claim
































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