LAWS(DLH)-2013-9-249

URMILA Vs. UNITED INDIA INSURANCE CO. LTD

Decided On September 16, 2013
URMILA Appellant
V/S
UNITED INDIA INSURANCE CO. LTD Respondents

JUDGEMENT

(1.) THE present appeal is preferred for enhancement of the award dated 15.05.2012, whereby the learned Tribunal has awarded a total compensation of Rs.10,05,000/- with interest at the rate of 9% per annum in favour of the appellants/claimants.

(2.) LEARNED counsel appearing on behalf of the appellants has argued that though the learned Tribunal has considered salary of the deceased as Rs.10,000/- per month, however, failed to grant any compensation towards future prospects as the age of the deceased was 20 years at the time of accident, i.e., 08.08.2010. Further submitted that the compensation granted towards non-pecuniary heads, i.e., Rs.25,000/- for loss of love and affection and Rs.10,000/- for funeral expenses is also on a lower side.

(3.) ON the other hand, learned counsel appearing on behalf of the respondent No.1/Insurance Company has submitted that since the appellants/claimants have failed to establish that the deceased was in a permanent job, therefore, keeping in view the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, the learned Tribunal has rightly not granted any compensation towards future prospects.