Tribunal applied split multiplier by adopting
multiplier of 11, though the deceased was 43 years and the proper
multiplier as per Sarala Varma v. Delhi ... Court which
adopted a split multiplier and applied multiplier of 10 for the
multiplicand of Rs.8,295/- and multiplier of 2 for the multiplicand
Tribunal ought to have
taken a split multiplier and ought not to have adopted
the multiplier of '11'.
8. Since the adequacy ... multiplier of '11', ought to have taken a split multiplier
as the deceased would have retired
Insurance Company Ltd. vs. Pranay Sethi and others2. Thirdly adoption of split multiplier was advocated on behalf of the Insurance Company.
6. Sri Ram Singh ... award shall be accordingly made.
VI c. Application of Split Multiplier:
15. The second issue raised by Shri Sushil Kumar Mehrotra, learned counsel
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
multiplier of '11' and ought to have
applied split multiplier. The appellant also contends
that the compensation for loss of consortium, loss ... 2015 & C.O.190/2015 9
ought to have applied split multiplier method in the
ratio 2:9.
12. Smt. Renju, the learned counsel
submits that
the Tribunal has committed an error in applying the split multiplier
by giving a finding that the deceased was in service. Counsel
submits ... accident, therefore, the Tribunal was not right in applying the split
multiplier in view of judgment delivered by the Hon'ble Apex Court
Tribunal, after analyzing the pleadings and
materials on record, adopted the split multiplier method
and fixed the income of the deceased for a period ... compensation for the loss of
dependency at Rs.6,93,000/-.
Split multiplier
14. Sri.D. Anilkumar, the learned counsel appearing
for the appellants placed
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
very low. It is also contended that the
Tribunal adopted split multiplier for the period during service and
the period after retirement and multiplier also ... notional
income as Rs.5,000/- for computation. So, a split multiplier was
applied by the Tribunal.
18. First of all, I would determine
lorry belonging to 1st respondent. The
Tribunal rightly applied split multiplier, but failed to consider the
evidence of P.W.3, who was the Senior ... only after deduction of Income Tax. The
Tribunal erred in applying split multiplier. As per the judgment of the
Hon'ble Apex Court reported
