Secondly, the Tribunal is not justified in adopting
split multiplier while awarding compensation under the
head of 'loss of dependency'. In support ... Whether the High Court was justified in
applying a split multiplier?
22. The deceased was aged 52 years at the time
of the accident
ground questioning the liability and non- adaptation of
the split multiplier method in computing the
compensation.
6. Heard Sri S.S. Aspalli, learned counsel ... learned counsel further submits that the
Tribunal should have applied the split multiplier taking
into consideration the employment and age of the
deceased. Undisputedly
service. Therefore, he
submits that the Tribunal ought to have adopted split
multiplier. He also submits that as the deceased had only
two months remaining ... have received pension, as such,
the Tribunal ought to have applied split multiplier while
also contended that the Tribunal ought to have
applied the split multiplier as the deceased was left
with 1 ½ years of service. It is further ... wife of the deceased. It is
further contended that the split multiplier cannot be
applied in the present case and the years left for
service
award on the ground of
contributory negligence and also split multiplier
respectively.
6. In MFA No. 103531/2015, the contention of
the Insurance Company ... Tribunal has committed an error in not adopting
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the split multiplier. As such, the Insurance Company is
seeking to modify the award in terms
contend that the Tribunal has committed an error in
applying the split multiplier. The learned counsel submits that
the compensation awarded under other heads ... respondent No.2 submits
that the Tribunal has rightly taken the split multiplier because he
was aged about 54 years and remaining service was only
learned counsel for the second respondent is
regarding application of split multiplier. The inquest
mahazar as per Ex.P5 did refer that the deceased ... deceased at 57 held
that the application of split multiplier by the Tribunal
is not a fault, but the approach of the Tribunal
cross objection contending
that the Tribunal ought to have adopted the split
multiplier, since the deceased had only one year of service
left ... argument of the learned counsel for the insurer
that a split multiplier would have to be adopted cannot be
accepted. The Apex Court has stated
Tribunal has however,
proceeded to adopt the split multiplier, in view of the fact
that the deceased was to retire in 1 year 3 months ... State Transport
Corporation Limited - (2022) 5 SCC 107, the
application of split multiplier would be incorrect. He also
contends that the Tribunal has erred
assessed the just compensation. The
Tribunal erred in adopting split multiplier. He placed reliance
on the decision of the Hon'ble Supreme Court ... deceased at 52 years, the Tribunal adopted the split multiplier
i.e., 8 + 3 = 11. The Supreme Court in R.Valli (supra)
specifically held
