NATIONAL INSURANCE COMPANY LTD. Vs. SANGEETA AND ORS.

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 28,49,900/ - awarded for the death of Kuldeep Singh who died in a motor vehicle accident which occurred on 27.01.2007. The finding on negligence is not challenged by the Appellant Insurance Company, thus, the same has attained finality.

(2.) THE following contentions are raised on behalf of the Appellant Insurance Company: -

(3.) I have before me the Trial Court Record. The certificate Ex. PW -1/1 shows that the deceased was working with Manglam Embroideries Pvt. Ltd. for the last about three years where 86 persons were employed. The consolidated statement of the salary of all the employees was proved as Ex. PW -2/A. The deceased was making contribution towards ESI and Provident Fund. It is, therefore, evident that the deceased was in permanent and stable employment. In Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., : (2009) 6 SCC 121, it was laid down that the dependents were entitled to increase towards future prospects to the extent of 50% when the deceased is less than 40 years and 30% when the deceased is above 40 years and less than 50 years, if he (the deceased) is in permanent job.