REKHA Vs. SHESHMANI

JUDGEMENT

(1.) THIS is an Appeal for enhancement of compensation of Rs. 5,33,376/- awarded for the death of Late Mr. Ram Sanjeevan, who was 45 years on the date of accident which took place on 24.02.2008.

(2.) THE contentions raised thereof by the Appellant are:- (i) 50% increase in the minimum wages, which was taken as the income of Mr. Ram Sanjeevan, should have been given on account of inflation. (ii) THE compensation awarded towards loss of love and affection be allowed.

(3.) THE Claims Tribunal awarded a sum of Rs. 10,000/- towards Love and Affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages. THE Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted Rs. 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would enhance the compensation under this head to Rs. 25,000/-.