High CourtsSingle Bench(2012) 08 P&H CK 0102

ICICI Lombard General Insurance Company Ltd. vs Usha Rani and Others

Punjab And Haryana At Chandigarh · Decided on 22 August 2012

HON’BLE JUDGES
M. Jeyapaul, J
RESULT
Dismissed
CASE NUMBER
F.A.O. No. 6017 of 2011 (O and M)

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Judgment

3 paragraphs · 176 words

M. Jeyapaul, J.—Heard the submissions made by either side. The Insurance Company has challenged the award passed by the Motor Accident Claims Tribunal, Rupnagar (for short, ''the Tribunal'').

2.

The deceased, who met with the accident, has left behind his parents as the only dependents.

3.

It is on record that the deceased had died at the age of 18 years. Though there is some admission in cross-examination by the mother, who was examined as PW1, the consistent case of the claimants is that the mother was 40 years old at the time of accident. The accident had taken place in 2011. A sum of Rs. 3,500/- was the monthly earning capacity of the deceased. On a careful perusal of the record, I find that the Tribunal has rightly applied the proper multiplier of 15 and calculated the loss of dependency based on notional income of Rs. 3,500/- p.m. I do not find any error in the decision taken by the Tribunal, therefore, the order passed by the Tribunal is sustained and the appeal is dismissed.