JUDGEMENT
R.P.Misra, Sanjay Misra, JJ. -
(1.) Learned counsel for the appellant is present
and has made submission. None is present
on behalf of the respondents despite notice
to them.
(2.) It has been submitted by the learned
counsel for the appellant that a girl aged
about seven years succumbed to death on
account of the accident. The father of the
deceased (claimant-appellant) is claiming
compensation. The Tribunal has awarded a
sum of Rs. 70,000 as compensation to the
claimant-appellant. Now the appeal has
been filed by the claimant-appellant for
enhancement of compensation stating that
compensation awarded by the Tribunal is
very meagre. In support of his submission,
learned counsel for the claimant-appellant
relied upon the decision pronounced in the
case of New India Assurance Co. Ltd. v.
Anwar Ali, 2003 (3) TAC 12 (Allahabad),
wherein on the death of a minor girl aged
about 8 years, the Tribunal awarded compensation of Rs. 2,25,000 on the basis of
notional income of the deceased which
was taken to be Rs. 15,000 per annum and
applied the multiplier of 15.
(3.) In the present case, in determining
the quantum of compensation, it is to be
seen what amount of compensation is to be
determined for the just decision of the case.
According to the provisions contained in
Second Schedule to section 163-A of the
Act multiplier of 15 will apply. In view of
the calculation on the basis of multiplier
of 15 for the person aged about 15 years,
amount of compensation was Rs. 2,25,000
as just compensation.;
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