SUDHIYA DEVI AND ORS. Vs. SARDARMAL AND ORS.

JUDGEMENT

(1.) THIS an appeal brought by the claimants for enhancement of compensation awarded by learned Motor Accidents Claims Tribunal, Rewari (for short 'the Tribunal') vide award dated 15.04.2011 in a sum of Rs. 7,01,200/ -. The claim petition had been brought by the parents, widow and children of Rajesh, the deceased. Rajesh met with a fatal accident on 23.05.2010 at about 11.15 PM while he was going towards his village Jhabva after finishing his work on his scooter bearing registration No. HR -35 -B -1933. He had been 34 years of age at the time of the accident and was working as a cooking contractor in the canteen of Exide Company and was earning Rs. 6500/ - per month. A sum of Rs. 15,00,000/ - has been claimed as compensation.

(2.) THE aforesaid averments of the claimants have been denied by the respondent -insurance company.

(3.) LEARNED counsel for the appellants has contended that although there is no justification for the Tribunal to have reduced the income of the deceased below Rs. 6500/ - per month, even if that was done, learned Tribunal has erred in not adding any amount to the income of the deceased in the name of future prospects. According to him, as laid down by Hon'ble Supreme Court of India in Rajesh and ors. v. Rajbir Singh and ors. : 2013 ACJ 1403, the addition of amount to the income of the deceased in the name of future prospects is to be allowed in all cases, be the deceased in permanent job, private job, self employed or working on fixed wages. He has further submitted that the deceased was 34 years of age at the time of his death and as such the future prospects should be added at the rate of 50% of the income. He has further submitted that the Tribunal has erred in not calculating the compensation in this manner.