VEENA AGGARWAL Vs. INDERJEET PANDEY

JUDGEMENT

(1.) ADMIT. The short point involved in this appeal is whether the Tribunal at the time of assessing compensation payable to the family of the deceased was required to take into consideration the future prospects in life of the deceased and whether the appellant is entitled to more interest than what has been awarded by the Tribunal.

(2.) In a claim petition filed by the wife and parents of the deceased who had died in a road accident while he was travelling in a car which was hit by a truck being driven rashly and negligently by its driver on 26.4.1992, the Tribunal after holding that the accident was caused due to the rash and negligent driving of the truck held that the appellants being the legal heirs of the deceased were entitled to award of compensation in their favour. Taking the income of the deceased at Rs.5,000.00 per month in terms of the income-tax assessment order, the Tribunal awarded a compensation of Rs.6,90,000.00 by applying the multiplier of 16. The deceased at the time of death was 41 years of age. Aggrieved by the award, the appellants have filed this appeal for enhancement of compensation.

(3.) The only point argued by learned counsel for the appellant is that while arriving at the compensation to which the appellants were entitled, the Tribunal has not taken into consideration the future prospects in life of the deceased. It is submitted that as per the settled law of the Supreme Court, the Tribunal ought to have considered this aspect and awarded compensation accordingly. It is also submitted that the Tribunal ought to have awarded a minimum of 12% interest on such compensation.