NEW INDIA ASSURANCE CO LTD Vs. KAVITA

JUDGEMENT

(1.) The award impugned before this Court is the award dated 22.12.2010 whereby the compensation in the sum of Rs. 9,30,330 had been awarded to the claimants.

(2.) On 4.5.2006, Mr. Satish Kumar suffered an accident pursuant to a head on collision of his two-wheeler scooter with the offending vehicle; the deceased succumbed to his injuries. Oral and documentary evidence was led. The aforenoted amount was accordingly awarded in favour of the claimants.

(3.) There is a two-fold argument urged before this Court. It is contended that the minimum wages of the deceased had been taken into account and in this regard the Tribunal had taken into consideration the price index and rise on inflation which is incorrect and opposed to the ratio of judgment of the Supreme Court Sarla Verma v. DTC, 2009 3 ACC 708. The second argument is that under the category of "love and affection" only a token amount could have been awarded; the Tribunal had erroneously awarded a sum of Rs. 1 lac.