NATIONAL INSURANCE CO LTD Vs. USHA PRAKASH GAWAS

JUDGEMENT

(1.) Heard both sides. The Advocate for the appellant states that he is not pressing any other point except the point relating to quantum of compensation awarded. He points out that admittedly, the salary of the deceased at the time of accident was Rs. 5,408/- per month.

(2.) In spite of this the compensation has been calculated on the footing that his salary during life time would have averaged up to Rs. 7,500/- per month. He points out that this enhanced salary has been arrived on the basis that deceased had promotional prospects.

(3.) He relies upon the judgment of Apex Court in the case of Bijoy Kumar D ugar Vs. Bidya Dhar Dutta And Others, reported in 2006(3) S.C.C. 242. Wherein, the Apex Court has held that "Dependency would have to be worked on the basis of earnings of deceased at the time of accident and not on the basis of mere assertion of the claimants that he would have earned certain sum in the span of his life time cannot be accepted as legitimate unless all relevant facts are proved by leading cogent and reliable evidence before Tribunal."