ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. ARCHANA
LAWS(DLH)-2013-9-185
HIGH COURT OF DELHI
Decided on September 12,2013

ICICI LOMBARD GENERAL INSURANCE CO. LTD Appellant
VERSUS
ARCHANA Respondents


Referred Judgements :-

SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
SHYAMWATI SHARMA VS. KARAM SINGH [REFERRED TO]


JUDGEMENT

SURESH KAIT, J. - (1.)INSTANT appeal has been preferred against the impugned award dated 06.03.2012 passed by the ld. Tribunal whereby compensation for a sum of Rs.28,05,816/- has been granted by the ld. Tribunal with interest @ 7.5% per annum from the date of filing of the petition till the Notice Under Order 21 Rule 1 is given by the Insurance Company.
(2.)LD . Counsel appearing on behalf of the appellant has argued the instant appeal on the two grounds, firstly, the date of birth of the deceased was 15.01.1974 and he met with an accident on 27.06.2009. Therefore, on the date of the accident, he was 35 years 5 months and 12 days of age. Accordingly, keeping in view the age of the deceased, the ld. Tribunal has wrongly applied multiplier of 16. On this issue reliance has been placed on Sarla Verma v. DTC and Ors. 2009 (6) SCC 121.
Ld. Counsel for the appellant further submits that in the case of Sarla Verma (Supra) for the age between 31 to 35, multiplier of 16 is applied and for the age between 36 to 40, multiplier of 15 is applied.

(3.)ON the other hand, Ld. Counsel for the respondents/claimants submits that deceased was between the age of 35 to 36 years. Therefore, multiplier 15 will be applicable only if the deceased had attained the age of 36 years, but certainly not on less than 36 years.


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