NATIONAL INSURANCE COMPANY LTD Vs. BABITA DEVI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of RS.14,09,400/ - awarded for the death of Rajeev who died in a motor accident, which took place on 20.05.2010.

(2.) THE deceased was employed as a fitter with M/s. Hindustan Investigation & Security System and was getting a salary of RS. 6099/ - per month. It was proved on record that he was matriculate and had obtained a National Trade Certificate from the Department of Industrial Training & Vocational Education, Haryana, in the trade of fitter. THE Claims Tribunal accepted the deceased's salary to be RS.6099/ -, added 50% towards the future prospects, deducted 1/3rd towards the personal and living expenses and applied multiplier of '17' appropriate to the deceased's age to compute the loss of dependency as RS.12,44,400/ -. A sum of RS.1,65,000/ -was added towards non - pecuniary damages.

(3.) ONLY a conventional sum of compensation is awarded towards the loss of consortium. In Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the Supreme Court laid down the principle that normally a sum of RS.5,000/ - to 10,000/ - is awarded towards loss of consortium. In the instant case, the Claims Tribunal awarded a sum of RS.1,00,000/ - under this head, which is exorbitant and excessive. The same is reduced to RS.10,000/ - only in consonance with Sarla Verma (supra).