NEELAM PAWAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE appellants have challenged the award of learned Tribunal whereby compensation of Rs. 15,18,128 has been awarded to the appellants. THE appellants seek enhancement of the award amount.

(2.) ACCIDENT dated 11.4.2006 resulted in the death of Namdev Pawar. The deceased was survived by his widow, two sons and mother who filed the claim petition before the learned Tribunal.

(3.) THE Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298 (SC), has held that the claimants are entitled to future prospects by adding 50 per cent of the salary of the deceased having a permanent job. THE Hon'ble Supreme Court has further held that the personal expenses of the deceased shall be taken to be 1/4th where the deceased has left behind more than three legal representatives. Following the aforesaid judgment, the income of the deceased for computation of compensation is taken to be Rs. 16,500 (Rs. 11,000 + Rs. 5,500). THE personal expenses of the deceased are taken to be V'4th instead of l/3rd following the aforesaid judgment.