K. Kannan, J. - (1.) Both the appeals are with reference to a claim made for death of a male stated to be aged 47 years in the petition in a motor accident that took place on 5.3.2008. The deceased was said to be a transporter holding a fleet of vehicles having earned himself the benefit of credits from financial institutions and running them, after having hypothecated the same with the financial institutions. The claimants were widow, three children aged 22 years, 20 years and 18 years and father and the further contention was that the deceased was earning Rs. 50,000/ - per month. He had been hospitalized and treated for all the injuries suffered by him at private hospitals and the bills have been filed providing for proof for the expenses incurred.
(2.) The Tribunal found the negligence of the insured's vehicle as having been established and while assessing the compensation provided for an assessment of Rs. 48,34,590/ - as the amount payable by the Insurance Company. The aggregate sum was comprised of Rs. 8,92,590/ - towards medical expenses, Rs. 1,17,000/ - towards hospitalization, Rs. 10,000/ - towards transportation, Rs. 37,80,000/ - towards loss of dependency, Rs. 10,000/ - towards loss to estate, Rs. 20,000/ - towards loss of consortium and Rs. 5,000/ - towards funeral expenses.
(3.) The contention by the insurer in FAO No. 4931 of 2011 is that the choice of multiplier as 14 was made on an assessment that he was aged 45 years as found in the medical bills and hospital records, while the post mortem certificate reveals the age 47 years, which was also the age stated in the petition. The contention, therefore, was that the appropriate multiplier must have been 13 in terms of the decision of the Supreme Court in Sarla Verma and others v/s. Delhi Transport Corporation and another, : 2009(6) SCC 121.;