JUDGMENT

Appeal by the Insurance Company and the Cross Objection by the claimants.

2. The claimants were the wife, two minor children and mother of the deceased in an accident. The deceased was riding a motor cycle, which met with an accident allegedly by reason of the rash and negligent manner in which a car was driven by the 2nd respondent in the claim petition. The injured was taken to the hospital, where he succumbed. The claimants approached the Tribunal and while the matter was pending, the 4th respondent-mother died. The additional respondents, siblings of the deceased, were impleaded; who, however, filed a written statement specifically releasing their interest in favour of the wife and children of the deceased. The Tribunal awarded a total compensation of Rs.28,09,600/- under various heads.

3. The Insurance Company has filed the appeal specifically contending that the deceased was a Government employee and was aged 45 years at the time of death. He could have continued in employment only till 56 years of age. In such circumstance, the multiplier of 14, which is applicable to persons between the age of 41 and 45, has to be split as 11 and 3; the last three years being entitled