NEW INDIA ASSURANCE CO LTD Vs. RESHMA KHATOON

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 20,03,000/- awarded for the death of the deceased Yunus Khan who was working as a spray painter and was aged 24 years at the time of accident on 02.09.2003.

(2.) THE Claims Tribunal accepted the deceased's income to be Rs. 91,240/-(after deducting Rs. 1,236/- paid towards Income Tax), added 50% towards future prospects to compute the loss of dependency as Rs. 18,48,000/-. Apart from the notional sums for funeral expenses, loss of consortium, loss to estate; a compensation of Rs. 1,25,000/- was awarded towards the loss of love and affection.

(3.) THE learned counsel for the Appellant urges that since the deceased was a self employed person, no addition was required to be made while computing the loss of dependency in view of the Sarla Verma(supra). It is true that in Sarla Verma(supra), it was held that no addition towards future prospects should be usually made in the case of the deceased who was having a fixed income or was a self employed person. In this case, there was specific evidence as to the consistent increase in the deceased's income from Rs. 60,156/- in the Assessment Year 2000-01 to Rs. 92,476/- in the Assessment Year 2002-03. THE accident took place on 02.09.2003. Of course, the last return was filed only on 02.09.2003, but there was nothing on the record to prove that the Income Tax Return was ante-dated. THE Claims Tribunal rightly believed the Income Tax Return and granted future prospects. I am, therefore, not inclined to interfere with the award towards loss of dependency.