RAJWATI DAGAR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal has challenged the Award dated 6.8.2009 where total compensation of Rs. 10,12,000 had been awarded to the claimants of the victim Bijender Singh. The claimants were widow, 4 minor children and the parents of the victim. The petitioner is aggrieved by the amount awarded under the head of "loss of dependency" which is Rs. 8,07,000. The other heads i.e. non-pecuniary head for "loss of love and affection ", "loss of consortium", "funeral expenses" and "loss of estate" are not assailed. Contention of the petitioner is that he was a permanent employee earning a salary of Rs. 6,000 per month and was working with the Industrial Security Force a registered organization having its office at Gurgaon; the certificate appended in the list of documents filed before the Tribunal evidenced that he was hardworking; he had been working in that organization for almost about two years prior to his death; his income tax return had also been filed for the financial year 2002-2003 showing his gross salary at Rs. 6,000 per month i.e. actual income of Rs. 72,000 per annum. The contention of the appellant is that in view of the Judgment of Sarla Verma & Ors. v. DTC & Anr., 2009 3 ACC 708. since the deceased was of 43 years of age at the time to his death he was entitled to 30% increase in the context of future prospect on the actual income which was he drawing at the time of his death; impugned Award has failed to consider this in the correct perspective.

(2.) This submission is negatived by the Counsel for the respondent who states that the impugned Award in no manner calls for any interference. The ratio of the aforenoted judgment has been considered in its correct perspective.

(3.) The Apex Court in the case of Sarla Verma , has held that keeping in view the imponderables and uncertainties of life as a thumb rule an addition of 50% of actual salary to the actual salary income of the deceased should be added towards future prospects where the deceased has a permanent job and is below 40 years, an addition of 30 % should be added if the age of the deceased is between 40 and 50 years. Learned Counsel for the respondent has vehemently argued that the Apex Court had also noted that where the deceased is self-employed or on a fix salary the Courts will usually take into account only the actual income at the time of death; a departure therefrom should be made only in rare case.