years. "
8. Learned Tribunal has also gone wrong while applying split
multiplier considering the age of retirement of deceased being government
employee ... Saroj and others ", the practice of applying split multiplier in
the absence of specific reason and evidence has been held to be illegal
Motor Accident Claims Tribunal, Gurdaspur is
on the ground that a split multiplier method ought to have been applied by
the Tribunal while awarding ... accident i.e. 30.12.2017
and hence while assessing the compensation split multiplier method
should have been applied by the Tribunal.
Heard.
The only grievance
limited extent that a split multiplier i.e. one multiplier
upto the date of retirement and another multiplier after the date of retirement ... half the amount of salary as pension and, as such, a split multiplier ought to
have been applied in the present case.
Heard
year and as a result the Tribunal
should have applied a split multiplier while assessing the compensation
payable to the claimants.
After hearing learned counsel ... merit in his
submission that the Tribunal should have applied a split multiplier
while assessing the compensation payable to the claimants. The said
submission
still further contended that the Tribunal had erred in
applying a split multiplier which was not in consonance with the settled
principles ... however, fairly
conceded that the Tribunal had erred in applying the split multiplier.
I have heard learned counsel and perused the relevant
material on record
death and was due to retire shortly and therefore, split
multiplier should have been applied, however, submits that this argument is
not pressed.
Per contra
appellants that the
Tribunal is in patent error in applying split multiplier on the ground that the
deceased was about to retire
62400/- (Rs.5200x12)
Deduction 50% towards Rs.31,200/-
personal expenses
Multiplier of 14 Rs.4,36,800/- (Rs.31200x14)
Loss of Estate ... appellants has further argued that instead of
a multiplier of 18, a multiplier of 14 has been applied. It has further been
argued that only
New India Assurance Company Ltd vs Ravinder Kumar And Others on 6 August, 2022
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