ORIENTAL INSURANCE CO LTD Vs. REKHA

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment dated 04.04.2012 whereby ld. Tribunal has awarded a compensation of a sum of Rs.11,33,200/- in favour of the respondents / claimants.

(2.) Ld. Counsel appearing on behalf of the appellant has argued the only ground that the deceased was of the age of 42 years and the ld. Tribunal has granted 50% towards future prospects whereas as per dictum of apex court in case of Santosh Devi v. National Insurance Co. Ltd. & Ors., 2012 6 SCC 421 which has been affirmed in case of Rajesh and Ors. v. Rajbir Singh and Ors., 2013 6 Scale 563, the future prospects should have been 30% in view of the age of the deceased. He has prayed to reduce the future prospects from 50% to 30% and allow the appeal.

(3.) On the other hand, ld. Counsel appearing on behalf of respondents / claimants submits that though they have not filed cross-objection, however this court has power to consider the legal submission to give just compensation in favour of the respondents / claimants.