RELIANCE GENERAL INSURANCE CO LTD Vs. RAJEEV KAPOOR

JUDGEMENT

(1.) THIS appeal is for reduction of compensation of Rs.39,00,655/ - awarded to the Respondents/Claimants for the death of Shivani Kapoor, who died in a motor vehicular accident which occurred on 12.11.2011.

(2.) THE main grievance of the Appellant Insurance Company is that since the deceased Shivani Kapoor was gainfully employed on full time job, value of gratuitous services to the extent of Rs. 3,000/ - per month ought not to have been considered.

(3.) I have the Trial Court record before me. It was established that deceased Shivani Kapoor was working in the sample department of M/s. Orient Fashion India Private Limited since the year 2005. Her salary increased from Rs.8,500/ - per month to Rs.21,280/ - per month as per the last salary certificate. This included a sum of Rs.800/ - towards conveyance allowance. Even if the amount of Rs.800/ - is excluded from the income and is taken as incidental to employment, yet salary of deceased Shivani Kapoor was Rs.20,480/ -. Since she was in permanent job having good future prospects she was entitled to addition of 50% on the basis of her age of 38 years.