NEW INDIA ASSURANCE CO. LTD Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 10,15,000/- has been awarded to respondent No.1.

(2.) The accident dated 19th November, 2004 resulted in the death of Amardeep Singh. The deceased was aged 20 years at the time of the accident and was survived by his mother and dependent unemployed brother. The deceased was a graduate and was working as a teacher earning Rs. 5,500/- per month. PW-2, employer of the deceased appeared in the witness box and deposed that the deceased was working as a teacher since July, 2004 at a monthly salary of Rs. 5,500/-. The Claims Tribunal took the income of the deceased as Rs. 5,500/-, added 50% towards future prospects, deducted ? towards his personal expenses and applied the multiplier of 15 according to the age of his mother to compute the loss of dependency as Rs. 9,90,000/-. The Claims Tribunal awarded Rs. 25,000/- towards loss of love and affection, loss of estate and funeral expenses. The total compensation awarded by the Claims Tribunal is Rs. 10,15,000/-.

(3.) Learned counsel for the appellant urged at the time of hearing that no evidence was led to prove the future prospects and, therefore, the future prospects should not have been granted by the Claims Tribunal. It is further submitted that the deceased was survived by his mother and the personal expenses of the deceased be increased from 1/3 to 1/2.