High Court held
that the MACT ought to have applied split multiplier for the
assessment of the dependency compensation. The High Court
fixed monthly income ... contended that the High Court was not
justified in applying a split multiplier having regard to the
judgment of this Court in Sarla Verma
time of occurrence is liable to be modified by applying split multiplier.
In support of his contention, he has relied upon judgment ... circumstances
that the deceased was to retire after six years, split multiplier is to be
applied.
Hon'ble the Supreme Court in Puttamma
further
submits that the Tribunal ought to have adopted split
multiplier to arrive at compensation towards loss of
dependency. He also submits that the deceased ... followed multiplier method. As there were
inconsistencies in selection of multiplier, this Court
in Sarla Verma prepared a table for selection of
multiplier based
falls
within the date of retirement and in such a situation, split multiplier
has to be applied i.e. for the salary drawn deducting income ... record the Tribunal below or the court are
estopped from applying split multiplier in routine course and should
.
apply multiplier as per decision of this
loss of dependency, whereas
the tribunal ought to have applied 'split multiplier'
formula. In the affidavit filed in support of the
application ... income would
have reduced drastically after
retirement. Therefore 'split
multiplier' formula ought to have
been applied.
10. Smt.Vidya argued opposing the appeal
error in
assessing the income of deceased and failed to
apply split multiplier; tribunal could not have
added 15% towards future prospects on income ... evidence of the case.
Tribunal has committed an error in applying split
multiplier and same is contrary to law declared by
this Court
this Appeal is, whether the Tribunal is justified in adopting the split multiplier in a case of a Government employee, who was to retire ... followed multiplier method. As there were inconsistencies in selection of multiplier, this Court in Sarla Verma prepared a table for selection of multiplier based
deceased was to retire at the age of 60, a split multiplier should
have been adopted by the Tribunal.
Learned counsel for the claimants argued ... followed multiplier method. As there were
inconsistencies in selection of multiplier, this
Court in Sarla Verma prepared a table for
selection of multiplier based
evidence placed on record. Hence, considering
the age of the deceased, split multiplier has to be applied
to determine the quantum of compensation. Learned
counsel ... followed
multiplier method. As there were inconsistencies in
selection of multiplier, this Court in Sarla Verma
prepared a table for selection of multiplier based
with the present appeal
challenging the portion of award adopting split multiplier for granting
compensation and for enhancement of compensation.
3. The learned counsel appearing ... only 4 months of service and the Tribunal
rightly applied split multiplier method after deducting ΒΌ towards
personal expenses and awarded compensation for loss of income
