LATA VENKATESAN Vs. KASTUR CHAND

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 14,72,000/- awarded for the death of S. Venkatesan who died in an accident which occurred on 28.04.1993.

(2.) THE deceased was aged about 51 years and four months on the date of the accident. He was working in Australian High Commission and was getting a gross salary of Rs. 14,233/- per month as per the certificate. On adding future prospects, the Motor Accident Claims Tribunal (the Claims Tribunal) took the deceased salary to be Rs. 16,500/-, deducted Rs. 5500/- towards his personal and living expenses and on adopting a multiplier of '11' the loss of dependency was worked out as Rs. 14,52,000/-.

(3.) ON the other hand, it is submitted on behalf of the Respondent No.3 Insurance Company that the Claims Tribunal erred in granting future prospects. In fact, at the deceased's age who was more than 51 years, he was not entitled to any future prospects on the basis of ratio in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.