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2013 Supreme(P&H) 1649

K.KANNAN
SATYA BALA JAIN – Appellant
Versus
PUJA ROLLER FLOUR MILLS – Respondent


JUDGMENT :

K. KANNAN, J.

1. The appeal is for enhancement of claim for compensation as well as for casting liability on the insurance company for the amount determined and not merely restricted to Rs. 1,50,000. It was a case of death of a person who was working as SDO in the government department on a salary of Rs. 5,370. The claimants were the widow, mother and two children. The Tribunal applied a deduction of 1/3rd and applied a multiplier of 16 to assess the dependency at Rs. 6,72,000. It restricted the liability to Rs. 1,50,000 since the policy had been issued under the Motor Vehicles Act of 1939 and it was not shown that any additional premium had been paid for unlimited liability after the commencement of the Act of 1988. The Tribunal, therefore, allowed for enforcement of the award beyond Rs. 1,50,000 against the owner and driver. Counsel seeks for a reassessment of compensation in the light of the judgment of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121. I will make a provision for 30 per cent increase and take the average income to be Rs. 6,981 and make a 74th deduction for personal expenses and take the contribu


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