NEW INDIA ASSURANCE CO.LTD. Vs. KAMLESH

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 26.07.2012, whereby Ld. Tribunal has awarded compensation for an amount of Rs.7,98,800/ - with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.

(2.) MR . Sameer Nandwani, Ld. Counsel appearing on behalf of the appellant submits that deceased died at the age of 34 years leaving behind his wife, the only dependent. Accordingly, Ld. Tribunal ought to have deducted 1/2 towards personal expenses, however, wrongly deducted 1/3 towards the same.

(3.) MR . Bal, submits that in the present case, the deceased was 34 years of age at the time of accident. He was working as a driver and earning Rs.4,500/ - per month. Despite, the ld. Tribunal has added 30% in his actual income towards future prospects instead of 50%.