The National Insurance Company Limited v. Smt. Asha Shelar,

SMT JUSTICE T. RAJANI M.A.C.M.A. No.248 of 2008 JUDGMENT:

This appeal is preferred by the appellant, who is 2nd respondent before the Court below, assailing the judgment of the X Additional Chief Judge, City Civil Court, Hyderabad in O.P. No.1281 of 2004 dated 05.04.2006 on the ground that the approach of the lower Court in adopting multiplier '18' is not correct. 2.

Heard both the counsel.

3.

Learned Standing Counsel for appellant contends that the age of the deceased at the time of accident was 27 years and that the suitable multiplier for his age is '17' as per the ruling of the Apex Court in Sarla Verma vs Delhi Transport Corporat ion1. 4.

Learned Counsel for respondents 1 to 3 did not have any counter argument on this aspect.

5.

As can be seen from the award, the lower Court has taken the income of the deceased at Rs.12,000/ - per annum (Rs.1,000/ - per month) after deducting the personal expenses and if the multiplier '17' is applied, it would come to Rs.2,04,000/ -. Hence, the same is substituted for Rs.2,16,000/ -. The appeal is modified 1 AIR 2009 SC 3104

to the extent indicated above and the rest of the award is left uninterfered with.

6.

The Civil Miscellaneous appeal is partly allowed with proportionate costs. As a sequel, the miscellaneous applications, if any, shall stand closed.

____________ T. RAJANI, J Date:05.10.2017 knl