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Judgment
Having heard the rival contentions, it transpires that the accident occurred on 13.6.2006 at 8.45 PM in Kashipur town when the motorcycle borne youth Mr. Irshad was allegedly dashed by the tractor no. UA-06D- 7732. On account of the injuries, he breathed his last in a local hospital on the next day on 14.6.2006. So, a claim petition no. 128/2007 was presented by his father and younger brother. Deceased Irshad was aged 24 years on the date of accident, as has been stated in the claim petition. Compensation of rupees five lakhs was claimed, whereagainst the learned Tribunal awarded Rs. 2,76,000/- and fastened the liability on the insurance company.
Insurance company has not challenged such award and it has been informed to this Court by the learned Counsel for the insurer that the award has already been satisfied by the company.
Present appeal has been filed for enhancement of compensation on the ground that the multiplier should have been applied on the age factor of the deceased, who was a youth of 24 years, while the learned Tribunal has considered the age of his father for this purpose.
In this regard, the law has been settled in Shakti Devi v. National Insurance Company, 2010 (2) UD 527, wherein discussing the Sarla Varma case, the Hon''ble Apex Court has made it a trite that in such cases, the multiplier on the higher age should be applied. So, I find no infirmity by the learned Tribunal in applying the multiplier on the age of deceased''s father.
On the other hand, the Court takes notice of the fact that the learned Tribunal has deducted only one-third towards the personal expenses of the deceased, whereas in such matters, in which the deceased also happened to be an unmarried youth, one-half should have been deducted on that score.
I find no scope of enhancement. This appeal has no force and it is hereby dismissed.
Let LCR be sent back.