- (1.) The Insurance Company has come out with the appeal challenging the quantum of compensation fixed by the Tribunal. The claimants also have filed a cross objection alleging that very low quantum of compensation has been fixed by the Tribunal.
(2.) The deceased Deepak died in the motor accident at the age of 21 years leaving behind his parents as the only dependents. The age of the father has been shown as 52 but the age of the mother was not referred anywhere during the course of trial by the claimants. The Tribunal having considered the professional qualification acquired by the deceased, some certificates produced by the claimants to establish the avocation carried on privately by the deceased took income of the deceased as Rs 8000/- per month. A sum of Rs 5000/- towards medical expenses and a sum of Rs 6000/- towards funeral expenses also were awarded by the Tribunal.
(3.) Learned counsel appearing for the appellant Insurance Company would submit that the Tribunal should have at least taken the age of the father in the absence of any evidence to show the age of the mother while determining the multiplier for calculating the loss of dependency as per the decision of Hon'ble Supreme Court in Shakti Devi versus New India Assurance Co.Ltd. And another, 2011 ACJ 15.;