BINOD SARDAR Vs. MANAGER, ORIENTAL INSURANCE COMPANY LIMITED
LAWS(JHAR)-2002-2-86
HIGH COURT OF JHARKHAND
Decided on February 06,2002

Binod Sardar Appellant
VERSUS
Manager, Oriental Insurance Company Limited Respondents

JUDGEMENT

- (1.) ADMITTEDLY , Petu Sardar alias Lakhiram Sardar, son of Binod Sardar, a twenty years old boy, who was a bachelor, died in a motor accident on 12.3.1992. His parents, brothers and sisters filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988.
(2.) THE tribunal on the basis of evidence on record calculated annual dependency at Rs. 8400/ -, after deducting 1/3rd of his income towards his personal expense and applied 8 multiplier thereto. In our opinion, that was not the appropriate multiplier. Following ratio of the decision of Apex Court in General Manager, Kerala State Road Transport Corporation v. Mrs. Susamma Thomas and Ors., AIR 1994 SC 1631, inour opinion, the appropriate multiplier was atleast 10. Consequently, amount of compensation is calculated at Rs. 84,000/ -.
(3.) IF this amount is kept in term Deposit in a Nationalised Bank, it would fetch interest equal to the aforesaid amount of annual dependency.;


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