LAWS(DLH)-2012-1-311

VIJAY LAXMI Vs. BINOD KUMAR YADAV

Decided On January 03, 2012
VIJAY LAXMI Appellant
V/S
BINOD KUMAR YADAV Respondents

JUDGEMENT

(1.) The Appellants who are the parents of the deceased Nitant Lakhanpal seek enhancement of compensation for the deceased's death in a motor accident which took place on 13.02.2007. By the impugned judgment, the Motor Accident Claims Tribunal (the Tribunal) took the deceased salary as given in the Salary Certificate Ex.PW-1/10 to be Rs. 6123/- per month, deducted Rs. 800/- which was being paid as conveyance allowance, added 50% towards future prospects and on deducting 50% towards the personal living expenses (in the case of a bachelor) computed the loss of dependency as Rs. 5,43,500/-. After adding notional sums under conventional heads of funeral expenses, loss of estate, loss of love and affection an overall compensation of Rs. 6,13,500/- was awarded. It is not in dispute that at the time of the accident the deceased was working as a Team Member with M/s. Omnia BPO Service Ltd. for a salary of Rs. 6123/- per month and was pursuing B.Com from School of Open Learning, University of Delhi.

(2.) The award is challenged on the two grounds:-

(3.) In support of his contention, learned counsel for the Appellants relied on the following judgments:-