Court No. - 49
Case :- CIVIL MISC REVIEW APPLICATION No. - 11 of 2021
Applicant :- Vibhav Narain Singh And 3 Others Opposite Party :- United India Insurance Company Ltd And 2 Others Counsel for Applicant :- Archit Mehrotra
Counsel for Opposite Party :- Nagendra Kumar Srivastava
Hon'ble Vivek Agarwal,J.
Heard learned counsel for applicants and Sri Nagendra Srivastava, learned counsel for insurance company.
This review has been sought in regard to order dated 08.01.2021, passed in FAFO No. 2776 of 2017 on a limited ground that once it has been accepted that there are four dependents on the deceased, then instead of 1/3rd deduction, 1/4th deduction should have been made in terms of the law laid down by Supreme Court in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121.
Sri Nagendra Srivastava does not disputed this proposition.
Taking this fact into consideration, when 1/3rd is applied, then last pay drawn by the deceased was considered to be Rs. 9,529/- (nine thousand five hundred twenty nine rupees) per month and when 1/4th is deducted, then in place of notional income of Rs. 6,384.43/- (six thousand three hundred eighty four rupees and forty three paise) per month will come out to Rs. 7,146.75/- (seven thousand one hundred forty six rupees and seventy five paise) per month or Rs. 85,761/- (eighty five thousand seven hundred sixty one rupees) per annum. When 50% is added, the total annual dependency will come out to Rs. 1,28,641.50/- (one lakh twenty eight thousand six hundred forty one rupees and fifty paise) per annum in place of 1,14,912/- (one lakh fourteen thousand nine hundred twelve rupees) per annum. When multiplier of 16 is applied, then total pecuniary compensation will come out to Rs. 20,58,264/- (twenty lakhs fifty eight thousand two hundred sixty four rupees). Over and above which, claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees), taking total compensation to Rs. 21,28,264/- (twenty one lakhs twenty eight thousand two hundred sixty four rupees) in place of Rs. 19,08,592/- (nineteen lakhs eight thousand five hundred ninety two rupees), awarded earlier.
In above terms, review application is allowed and disposed off.
Order Date :- 28.7.2021/Vikram/-S