LAWS(DLH)-2015-2-456

SURENDER KUMAR Vs. VIRESH KUMAR

Decided On February 26, 2015
SURENDER KUMAR Appellant
V/S
Viresh Kumar Respondents

JUDGEMENT

(1.) THE appeal is for enhancement of compensation of Rs.4,20,000/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Akshay Kankarwal who died in a motor vehicular accident which occurred on 18.11.2011 at about 7:45 a.m.

(2.) UPON finding that the accident was caused because of rash and negligent driving of bus no.DL -1P -B -9690 driven by Respondent no.1, the Claims Tribunal proceeded to award compensation on the notional income of Rs.15,000/ - per month although deceased Akshay Kankarwal was only a student of 11th Standard and aged 16 years at the time of his death.

(3.) THE learned counsel for the Appellants points out that the compensation should have been awarded on the basis of his qualification and some addition towards future prospects ought to have been made.