SHRIRAM GENERAL INSURANCE CO LTD Vs. KRISHNA DEVI

JUDGEMENT

(1.) THE Appellant Shriram General Insurance Co. Ltd. seeks reduction of compensation of Rs. 4,49,537/- awarded for the death of Subhash a bachelor aged 23 years on the date of the accident. THE Claimants before the Claims Tribunal were the parents and an unmarried sister aged 18 years.

(2.) DURING inquiry before the Claims Tribunal, it was claimed that the deceased Subhash had joined Gnomon Education Services Pvt. Ltd. as a driver on a salary of Rs. 4,500/- on 01.05.2008. He continued to work with the earlier said company till his death on 14.08.2009. A salary certificate Ex.PW3/B issued by Amit Verma, CEO of the company was proved to show that his (deceased's) salary was raised to Rs. 10,500/- and that his age of retirement was January 15, 2046.

(3.) ALTHOUGH PW3 Sunil Kumar Tiwari proved the attendance sheets Ex.PW3/A and the certificate Ex.PW3/B. During the course of cross-examination, he could not say as to on what basis the deceased's salary was increased from Rs. 4,500/- to Rs. 10,500/- per month within a short span of sixteen months. The increase was, therefore, suspicious and could not have been taken into consideration. At the same time, the certificate Ex.PW3/B revealed that as per the company's policy, the retirement of the deceased would have been 15.01.2046. It was sufficient to show that the deceased was in permanent employment. Though the increase was disbelieved on account of the fact that it was astronomical; yet there was evidence that the deceased had good future prospects on account of his permanent employment. The Claimants (i.e. the parents) were entitled to loss of dependency on the proved salary of Rs. 4,500/- and an addition of 50% on account of future prospects on the basis of the ratio of the Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121. Thus, the loss of dependency comes to Rs. 3,64,500/-(4500 + 50% X1/2 X 12 X 9).