AI Structured Summary
Not yet generated for this judgment
Judgment
S.N. Satyanarayana
In this appeal though respondents 1 and 2 are duly served they have not entered appearance by engaging services of a counsel. Hence, Learned Counsel Sri. Y.K. Sheshagiri Rao is directed to take notice for respondents 1 and 2. After hearing the counsel for appellant for some time regarding admission this Court noticed that the point for consideration in this appeal being the application of relevant multiplier as contemplated in the decision of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , appellant''s counsel was directed to serve one set of appeal memo on the counsel for respondents 1 and 2. After giving opportunity to counsel for respondent insurance company to go through the appeal memo, this appeal is taken up for final disposal.
Heard the counsel for appellants and contesting respondents.
On going through the judgment impugned, it is seen that the grounds urged by appellants so far as applying the multiplier 12 is on lower side, appears to be justified for the reason that; at the time of accident the deceased was aged 49 years vide Ex. P6, Post Mortem report. If that is accepted, there is an error in the judgment impugned, the tribunal ought to have taken the multiplier 13 instead of 12. Accordingly, if multiplier 13 is taken, the compensation payable to claimants towards loss of dependency would be Rs. 4,16,000/- (4000x12=48,000x2/3=32000x13) as against Rs. 3,84,000/- awarded by the Tribunal. In addition to this, if compensation awarded under other heads are taken the total compensation claimants would be entitled to is Rs. 4,52,000/- as against Rs. 4,20,000/- awarded by the tribunal.
Accordingly, the appeal is allowed in part modifying the compensation payable from Rs. 4,20,000 Rs. 4,52,000/- The 1st respondent is directed to deposit she enhanced compensation of Rs. 32,000/- within eight weeks from the date of receipt of certified copy of this judgment.
Since Learned Counsel Sri. Y.K. Sheshagiri Rao has taken notice on behalf of 1st respondent insurance company and participated in this proceedings, he is permitted to the vakalath for 1st respondent insurance company within two weeks from today.