SMT. MAMTA MOHINDRA, W/O LATE SH. SUNIL MOHINDRA, Vs. THE DEPUTY COMMISSIONER OF POLICE, (PCR) POLICE HEADQUARTERS AND HEAD CONSTABLE JAI PRAKASH S/O SH. SANT LAL

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals; one filed by the claimants Ms. Mamta Mohindra, widow of Sh. Sunil Mohindra, Master Sahil (son), Miss Shalvi (daughter) and Smt. Kanta Mohindra, mother of the deceased and the other appeal filed by the Deputy Commissioner of Police (PCR), Police Headquarters, I. P. Estate, New Delhi along with driver, Head Constable Jai Prakash, for the vehicle belonged to the Police Department.

(2.) BOTH the parties are aggrieved by the award passed by the learned Tribunal by granting compensation amounting to Rs.8,16,000/ -, holding the driver Jai Prakash rash and negligent in driving and thereby causing death of Mr. Sunil Mohindra; taking monthly income of the deceased @ Rs.4800/ - per month plus Rs.1200/ - towards future prospects, but without appropriately considering the future prospects, deducting one -third out of it and awarding a compensation of Rs.8,16,000/ - .

(3.) THE Police Department claimed that it was on very high side and the learned Tribunal failed to considered the contributory negligence as argued by the learned Counsel for the petitioner here.