ARCHANA KAPOOR Vs. JAY SHRI SABHANANI

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 13.12.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.13,77,207/ - with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

(2.) VIDE this appeal, the appellants are seeking enhancement of the compensation amount as noted above.

(3.) TO strengthen his arguments on this issue, ld. Counsel has relied upon a case of Rajesh and Ors.Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein it is held as under: ''11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salaried persons as laid in Sarla Verma's case (supra) and to make it applicable also to the self -employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self -employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years. '' 12. In Sarla Verma's case (supra), it has been stated that in the case of those above 50 years, there shall be no addition. Having regard to the fact that in the case of those self -employed or on fixed wages, where there is normally no age of superannuation, we are of the view that it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.