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2021 Supreme(Sikk) 19

J.K.MAHESHWARI
BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SHYAM BABU SINGH – Respondent


Advocates Appeared:
For the Appellant :Mr. Sudesh Joshi, Advocate.
For the Respondents:Mr. N. Rai, Senior Advocate Mr. K.B. Chettri, Advocate Mr. Sisir Mothay

1. Being aggrieved by the award dated 29.02.2020 passed by the Motor Accidents Claims Tribunal, East Sikkim at Gangtok in MACT CASE No. 75 of 2018, granting compensation of sum of Rs.30,94,000/- to the claimants who are father, mother and siblings of the deceased, this appeal has been preferred.

2. On perusal of the record, it reveals that the Claims Tribunal has relied upon the income certificate (Exhibit-9) issued by the Block Development Officer (BDO) showing an earning of Rs.20,000/- per month. Relying thereto and calculating the annual earning of Rs.2,40,000/-, further as per the age of the deceased adding Rs.40,000/- per annum for future prospects deducting one-half because the claimants were the parents, applying the multiplier of 18 looking to the age of deceased awarded a sum of Rs.30,24,000/- in the head of Loss of Dependency and further adding of Rs.70,000/- in conventional heads granted compensation of Rs.30,94,000/-.

3. Learned Counsel appearing on behalf of the Insurance Company has strenuously argued that as per the Notification issued by the State Government dated 03.04.2007, the income certificate may be issued by the BDO, but he has to verify the details of the tr

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