NATIONAL INSURANCE CO LTD Vs. GAJANAN SHANKAR KERKAR

JUDGEMENT

(1.) Heard both sides. The Advocate for the appellant agrees to give up all points except the question of quantum which has been awarded. He points out that the impugned award it indicates that at the time of death the admitted salary of the deceased was Rs.6,203/- The court has however, taken salary of Rs.8,000/- per month by taking into account likely promotions and likely length of the service and career prospects. He points out that this is speculative.

(2.) He relies upon the judgment of Apex Court in the case of bijoy Kumar D ugar Vs. Bidya Dhar Dutta And Others, 2006 3 SCC 242. Wherein, the Apex Court has held that

(3.) It is obvious that the possibility of promotion is speculative. In the circumstances, the appeal is partly allowed. The compensation is to be fixed on the basis that the salary of the deceased at the time of accident which was Rs.6,203/-per month. Both the parties agree that the figure will come to Rs.7,92,880/-. This figure is arrived at by applying multiplier 16, which both the parties agree, is the correct multiplier. In addition to this, the award grants Rs.2,000/- towards funeral expenses, rs.5,000/- towards loss of consortium, Rs.10,000/- towards pain and suffering. Taking into consideration the aforesaid, the total amount payable would come to Rs.8,09,880/- which can be rounded up to rs.8,10,000/-.