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Judgment
G.P. Mittal, J.—By the impugned award the Tribunal awarded a compensation of Rs. 4,20,000/- in respect of death of a minor aged 16 years, who was a student of class Xth. It is submitted by the learned counsel for the Appellant that the case is covered by the judgment of this Court in National Insurance Co. Ltd. v. Farzana & Ors., MAC. APP. No. 13/2007 decided on 14.07.2009 and an overall compensation of Rs. 3,75,000/- was payable. It is submitted that the Tribunal wrongly applied the multiplier of ''18'' instead of ''16'', which was applicable at the age of sixteen and a half years.
Mr. K.L. Nandwani, learned counsel for the Appellant is right that the multiplier should be ''16''. The compensation comes to Rs. 3,90,000/- (after adding Rs. 75,000/- towards loss of love and affection + Rs. 75,000/- towards loss of future prospects as per Farzana (supra)) which shall be payable to the Appellants along with interest in equal shares.
50% of the amount shall be released forthwith. Rest 50% amount shall be held in FDR for a period of two years. The excess amount of Rs. 30,000/- along with interest, if any, earned during the pendency of the appeal and the statutory amount of Rs. 25,000/- shall be refunded to the Appellant.