SHASHI RAWAT Vs. ANSHUL GUPTA

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 14,42,000/- awarded for the death of Suresh Singh Rawat, who died in an accident which occurred on 06.11.2006.

(2.) IN the absence of any Appeal by the owner or the INsurance Company, I am not to go into the finding of negligence which has become final between the parties.

(3.) IN view of the evidence produced, on the basis of principle laid down in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the Appellants were entitled to addition of 50% considering that the deceased was aged 34 years on the date of the accident. The deceased was getting a sum of Rs. 1,800/- towards conveyance allowance and Rs. 1,000/- as uniform allowance. These allowances being incidental to employment, these amounts are liable to be deducted from the salary of the deceased. The compensation is computed as under:-