ORIENTAL INSURANCE CO LTD Vs. DEO PATODI

JUDGEMENT

(1.) LEAVE granted.

(2.) WHAT should be the appropriate multiplier as also the multiplicand in a case where a student having a brilliant career and had an offer of employment from a U.S. based Company is the question involved in these appeals. 2.1. They arise out of the following factual matrix. 2.2. Deepak Patodi was 22 years of age on 12.6.2003 when the accident took place. He was the only son of the claimants. The accident took place when he was going to Bhopal along with his friends in a Tata Indica Car. He was immediately taken to "Chirayu Hospital" at Bhopal and thereafter shifted to 'Bhandari Hospital' in Indore. On 18.6.2003, he succumbed to the head injury suffered by him in the said incident. .

(3.) THE claimants preferred an appeal thereagainst in the High Court which was registered as M.A. No. 1842 of 2005. Enhancement in the amount of compensation was claimed inter alia on the premise that the dependency of the parents should have been taken into consideration at 2/3 rd of the income of the deceased and furthermore the expenses incurred during treatment should have also been awarded. THE insurance company filed cross objections in the said appeal in terms of Order XLI Rule 22 of the Code of Civil Procedure on the ground that the income of the deceased could not be taken at Rs.18,000/- per month in the absence of any cogent evidence and that the claimants were not dependents on the deceased.