UNITED INDIA INSURANCE COMPANY LTD Vs. SHASHI BALA

JUDGEMENT

(1.) THE appeal is for reduction of compensation of Rs.16,78,734/ - awarded for the death of Parvesh Singh, who suffered fatal injuries in a motor vehicular accident which occurred on 22.03.2012 at about 4:30 a.m. when deceased Parvesh Singh along with his son Rajneesh Singh was riding motorcycle bearing no.DL -13 -SH -3686. When they reached Pushta Road, the motorcycle was hit by a Tavera car bearing no.DL -1YB - 9593 which was being driven by its driver in a rash and negligent manner.

(2.) THE only ground of challenge raised by the Appellant Insurance Company is that although the deceased Parvesh Singh's income as per his salary certificate mark PX produced on record, was proved on record as Rs.90,446/ - per annum, yet the Claims Tribunal instead of taking the salary into consideration, took the minimum wages of a graduate as income and added 30% towards future prospects to compute the loss of dependency. The learned counsel for the Appellant has taken me through the deceased's educational qualification certificates. The deceased had passed Ist and IInd year of B.Sc. Thus, he was not a graduate. It is borne out from the salary certificate that the deceased was working with Gayatri Sewa Sansthan, a unit of Khadi Gramodyog Commission (ISO 9001 -2000 Certified Company). It is also borne out from the record that the deceased was in permanent employment. Thus, in my view, although the addition of 30% towards future prospects cannot be faulted, yet the salary proved on record as per the salary certificate ought to have been taken into consideration instead of the minimum wages of a graduate. The salary of deceased was proved to be Rs.90,446/ -. Thus, considering the number of dependents being six and deducting 1/4th towards personal and living expenses, adding 30% towards future prospects and considering that the deceased was aged 44 years and 05 months, the loss of dependency comes to Rs.12,34,590/ -(Rs.90446/ - + 30% x 3/4 x 14).

(3.) THE compensation towards loss of love and affection and loss of consortium at Rs.1,00,000/ - each, loss to estate at Rs.10,000/ - and funeral expenses of Rs.25,000/ - awarded by the Claims Tribunal are maintained.