SAROJ KUMARI SINGH Vs. YAMEEN

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation for the death of Devashish Kumar Singh who was aged about 24 years at the time of the accident. THE Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 29.07.2011 granted a compensation of Rs. 7,72,100/-.

(2.) THE Appellant's grievance is that for the purpose of computation of loss of dependency, all perquisites paid to the deceased like HRA, professional charges, medical reimbursement, bonus, etc. should have been taken into consideration. Reliance is placed on National Insurance Company Limited v. Indira Srivastava, (2008) 2 SCC 763.

(3.) I am in agreement with the contention raised on behalf of the Appellants. As per the Salary Certificate Ex.PW-5/B, except for the conveyance charges of Rs. 10,800/- the entire salary was for the benefit of the deceased and his family. The deceased's income therefore, should have been considered as Rs. 1,64,200/- (Rs. 1,75,000/- - 10,800/-) as against Rs. 1,13,400/- per annum as considered by the Tribunal. Since the deceased was in the job just for a few months and in the absence of any evidence as to the future prospects, the Appellants would not be entitled to any future prospects.