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Judgment
S. Vimala, J.—This Civil Miscellaneous Appeal is filed by the Insurance Company challenging the quantum of compensation. The deceased, aged 21 years, performing Centering Work, earning a sum of Rs. 12,000/- per month, died on account of severe head injuries sustained in the accident that took place on 01.03.2012. The legal representatives filed the claim petition for compensation, claiming a sum of Rs. 6,00,000/-. The Tribunal quantified the total compensation at Rs. 5,46,000/- with interest at the rate of 7.5% p.a., from the date of petition, the break- up details of which, are furnished hereunder:
It is the contention of the learned counsel for the appellant that the Tribunal has fixed the monthly income of the deceased at Rs. 4,500/-, which is unjustifiable in the absence of any substantial oral or documentary evidence.
Yet another contention is with reference to the multiplier having been adopted based upon the age of the deceased and not upon the age of the surviving parent.
Whether these two contentions are acceptable, is the issue to be decided.
So far as the monthly income is concerned, the Tribunal has taken only the notional income as the income, and not the income as spoken to by the witnesses. Therefore, the fixing of nominal amount of Rs. 4,500/- per month, cannot be said to be excessive.
So far as the multiplier is concerned, as per the judgment of the Hon''ble Supreme Court in Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, , it is only the age of the deceased which has to be taken into account in fixing the proper multiplier. Therefore, the appeal has no merits.
In the result, the compensation awarded by the Tribunal is confirmed and the Civil Miscellaneous Appeal is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.