SUKHVINDER KAUR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.3,83,000/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Avtar Singh who died in a motor vehicle accident which occurred on 17.01.2008.

(2.) IN the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality.

(3.) THIS Court in Rakhi v. Satish Kumar and Ors. (MAC. APP. 390/2011) decided on 16.07.2012, referred to the reports of the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and Ors. (1994) 2 SCC 176, Sarla Dixit v. Balwant Yadav, (1996) 3 SCC 179, Bijoy Kumar Dugar v. Bidya Dhar Dutta & Ors, (2006) 3 SCC 242, Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121 and Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559 and held that as per Santosh Devi even in the absence of any evidence as to future prospects an increase of 30% in the income has to be provided when the victim was having fixed income or was a self employed person. Relevant portion of Santosh Devi is extracted hereunder: