UNION OF INDIA Vs. ANIMA RANI DAS
LAWS(J&K)-2020-8-84
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 05,2020

UNION OF INDIA Appellant
VERSUS
Anima Rani Das Respondents




JUDGEMENT

SANJEEV KUMAR,J. - (1.)Union of India and Commanding Officer, 104 Engineer Regiment are in appeal against the award dated 21st January, 2011 passed by the Motor Accident Claims Tribunal, Jammu in Claim file No.475/Claim titled Anima Rani and Das others v. R.B.Patil and others, whereby respondent Nos. 1 to 3 (hereinafter ,,the claimants) have been held entitled to compensation of 18,73,500 along with interest @ 7.5% per annum on account of death of one Sh. Subal Dass.
(2.)The impugned award has been primarily assailed on quantum. It is submitted that the amount of compensation awarded by the Tribunal is exorbitant and excessive.
(3.)The claimants have also filed cross-objections/appeal seeking enhancement, inter alia, on the following grounds:-
i) That the applicable multiplier in the instant case is 15 but the Tribunal has erroneously applied the multiplier of 12.

ii) Certain allowances i.e. ration, uniform, accommodation, medi-care etc have not been taken into consideration while assessing the income of the deceased.

iii) No compensation for loss of estate and love and affection has been granted.

iv) The effect of implementation of 6th pay commission report has not been taken into consideration by the Tribunal.

v) The amounts awarded under conventional heads are also on lower side.

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