LAWS(P&H)-2012-1-106

SURINDER KAUR Vs. SHIV KUMAR

Decided On January 18, 2012
SURINDER KAUR Appellant
V/S
SHIV KUMAR Respondents

JUDGEMENT

(1.) The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal'), vide Award dated 16.9.2009, on account of death of Gurdarshan Singh in a motor vehicular accident on 15.3.2006.

(2.) Learned counsel for the appellants has contended that the deceased was working as a Turner in Ordinance Cable Factory, Industrial Area, Chandigarh as a permanent employee and had been drawing a salary of Rs. 18,042/- per month. But the learned Tribunal did not consider his future income. He further contends that there being five dependents, the dependency of 3/4th should have been taken as per the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others v. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77.

(3.) On the other hand, the learned counsel appearing for the respondent- Insurance Company has stated that the learned Tribunal determined a just and adequate compensation. Therefore, there is no scope for any further enhancement.