NATIONAL INSURANCE CO. LTD. Vs. SANTOSH KHANDELWAL

JUDGEMENT

(1.) HEARD Mr. Dua, learned counsel in support of this petition and Mr. Manish Maini, learned counsel appearing for the respondents.

(2.) THIS special leave petition raises the question with respect to the amount of compensation which has been added by the High Court over and above the amount awarded by the Motor Accident Claims Tribunal, Delhi. The learned Single Judge of the High Court of Delhi has enhanced the amount of compensation by Rs.7,30,812/ - with interest at 7.5% per annum. The High Court has passed this order on the footing that the deceased victim, who was the husband of the first respondent, was a self -employed person.

(3.) MR . Manish Maini, learned counsel appearing for the respondents on the other hand, pointed out that another three -Judge Bench judgment rendered a few days later in the case of Rajesh & Ors. Vs. Rajbir Singh & Ors., (2013) 6 SCALE 563, has taken the view, in paragraph 11, that for a self -employed person, an increase need not be merely 30%, it can be, in appropriate cases, to the extent of 50% where the deceased victim was below 40 years of age.