Radha Vishnoi & Ors v. Oriental Insurance Co Ltd

ORDER %

26.04.2010 This appeal has been preferred for enhancement of compensation amount on the ground that the Tribunal has wrongly deducted 50% of the incomefor personalexpenseof the deceased. It is an undisputedfact that the deceasedwas unmarriedat the time of accidentand in terms of various pronouncementsmade by the Apex Court and this Court, half of the income being earned by the deceased was to be considered being spent on himself and only 50% of the Income to be contributedtowardsparents.It is also an undisputedfact thatthe deceasedhad no dependent. His father was earning and his mother was dependenton his father and not on him. Underthese circumstances,Iconsiderthat the Tribunal rightlytook Into .account that the deceased would have been spending 50% of his income on himselfand only 50% towards his family I.e. parents. Ifind no ground to Interferewith the order passed by learnidTribunal. The appeal is hereby dismissed. SHIV NARAYAN DIJINGRAJ APRIL 26, 2010 rd Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-2 i * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 177/2010 RADHA VISHNOl &ORS Appellant Through: Mr. AJay Kumar Porwal,Advocate versus ORIENTALINSURANCECO LTD Respondent Through: Mr. PankaJ Seth, Advocate CORAM: JUSTICE SHIV NARAYAN DHINGRA