SAVITA Vs. BINDAR SINGH

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the order dated April 16, 2013 passed by the High Court of Uttrakhand affirming the award dated December 3, 2012 passed by the Motor Accidents Claims Tribunal, Haridwar in Motor Accident Claim Petition No.75/2011. The Tribunal directed the respondent - Oriental Insurance Co. Ltd. - to pay a sum of Rs. 4,28,000/ - to the claimant. Being aggrieved by the quantum of compensation, this appeal has been filed by the appellant -claimant.

(3.) WE have heard the learned counsel for the parties. It has been pointed out by the learned counsel for the appellant that the said award is wrong on the ground that a salary certificate has been produced before the Tribunal and the Tribunal has not accepted the same without any reason. She further submitted that the compensation which has been granted by the Tribunal and affirmed by the High Court does not include the future prospects which should have been added to the claim and further the deduction with regard to the personal expenses could not have been made more than one tenth of the total salary received by the victim. In support of such contention, she relied upon Santosh Devi v. National Insurance Company Ltd. & Ors. [(2012) 6 SCC 421] and further submitted that compensation under the head 'loss of consortium ' has not been properly assessed by the said Tribunal which has been assessed by this Court in Rajesh vs. Rajbir Singh [(2013) 9 SCC 54] and the compensation under the said head should have been awarded for a sum of Rs. 1,00,000/ -. She further submitted that the compensation under the head 'funeral expenses ' should have been granted as Rs. 25,000/ - and in support of her such contention, she relied upon the aforementioned decisions. On the contrary, it has been stated on behalf of the respondents that in Sarla Verma (supra), the principles laid down by this Court have been followed by the Tribunal and therefore there is no reason to interfere with the award passed by the Tribunal and the appeal dismissed by the High Court.