NEW INDIA ASSURANCE CO LTD. Vs. SUNITA

JUDGEMENT

(1.) VIDE the present appeal, appellant / Insurance Company has assailed the award dated 16.08.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.11,59,000/ - 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 the deceased Ved Prakash died at the age of 41 years. He was working as a labourer and the Ld. Tribunal has assessed his monthly income as Rs.6,000/ - as per the Minimum Wages Act, 1948. He further submits that keeping the age of the deceased into view, Ld. Tribunal ought to have added 30% in this actual income towards future prospects, however added 50%.

(3.) MR . Parashar further submits that the appellate court has to see whether the just and fair compensation has been granted. He submits that in the present case, deceased died at the age of 41 years and was working as a labourer. He left behind young widow wife and five dependents children. The wife lost the association of her husband and pleasure of life. The children lost the love and affection, care and guidance of their father. Despite, the Ld. Tribunal has awarded Rs.10,000/ - each towards loss of consortium and loss of estate and Rs.5,000/ - towards funeral expenses, which are on the lower side. However, no amount has been granted towards loss of love and affection.