REENA GAUTAM Vs. HARENDER KUMAR

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 26.11.2012, whereby ld. Tribunal has granted compensation for a sum of Rs.15,39,800/ - with interest @ 9% per annum from the date of filing of the petition till realization.

(2.) INSTANT appeal has been filed for enhancement of the compensation amount on the ground that age of the deceased at the time of accident was 31 years of age, despite that ld. Tribunal has granted 30% towards future prospects. To strengthen his arguments, ld. Counsel has relied upon a case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 wherein the Apex Court has held as under:

(3.) LD . Counsel for the appellant has further argued that on the heads of non -pecuniary damages, ld. Tribunal has granted Rs.25,000/ - towards of loss of love and affection, Rs.10,000/ - towards loss of consortium and Rs.10,000/ - towards funeral expenses on a very lower side. Ld. Counsel submits that keeping in view the dictum of the Rajesh (Supra), ld. Tribunal ought to have granted Rs.1,00,000/ - for loss of love and affection, Rs.1,00,000/ - for loss of consortium and Rs.25,000/ - for funeral expenses.