BABITA DEVI Vs. HARI LAL

JUDGEMENT

(1.) THE Appellants seek enhancement of compensation of Rs. 9,11,450/- awarded for the death of Bhogender Kamti, who died in a motor accident which occurred on 21.07.2010. THE deceased was aged 37 years, was working as a Plant Operator in Rishabh & Co. Pvt. Ltd., Lawrence Road, Industrial area, New Delhi w.e.f. 01.04.1998 and was getting a salary of Rs.6,200/- per month.

(2.) BY the impugned order the Tribunal accepted the deceased's salary to be Rs. 6,270/-, deducted 1/4th towards personal living expenses, and according to the age of the deceased being 37 years, the loss of dependency applying the multiplier of '15' was computed as Rs. 8,46,450/-.

(3.) I have considered the contentions raised on behalf of the parties. Since the deceased was in a permanent employment working as a Plant Operator in Rishabh & Co. Pvt. Ltd. w.e.f. 01.04.1998, the Appellants were entitled to the benefit of future prospects to the extent of 50% of the deceased's income. The amount of compensation of Rs. 40,000/- awarded towards the loss of love and affection has to be restricted to Rs. 25,000/- in view of the judgment of the Supreme Court in Radhika Gupta & Others v. Oriental Insurance Company Limited, 2010 ACJ 758.