SMT. SUJATA PRAKASH Vs. AJAY & ORS.

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs. 15,03,000/ - awarded for the death of V. Prakash who died in a motor vehicle accident which occurred on 26.04.2003. Admittedly, the deceased was aged 52 years and was therefore not entitled to any addition towards future prospects (Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., : (2009) 6 SCC 121) or even towards inflation (Santosh Devi v. National Insurance Co. Ltd. & Ors., : 2012 (4) SCALE 559).

(2.) THE salary certificate Ex. P -7 proved during inquiry before the Claims Tribunal shows that the deceased was getting a salary of Rs. 3,22,625/ - in the year just before his death. The future prospects of Rs. 5,000/ - granted by the Claims Tribunal were, therefore, not permissible. The Claims Tribunal, however, did not take all the allowance received by the deceased like House Rent Allowance (HRA), Special Allowance, etc., which were for the benefit of the deceased and his family.

(3.) THE Claimants are further entitled to a sum of Rs. 25,000/ - towards loss of love and affection and Rs. 10,000/ - each towards loss of consortium, loss to estate and funeral expenses.