URMILA RISHI Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS is an appeal by the claimants for enhancement of compensation. Smt. Urmila Rishi and Sh. Sudesh Rishi, the claimants are parents of Ashu Rishi, who died on account of injuries suffered by him in a roadside accident that took place on 7.10.2010. Learned Motor Accidents Claims Tribunal, Chandigarh (for short, "the Tribunal") vide award dated 4.2.2012 has allowed the claim petition and has awarded a sum of Rs. 4,42,000/ - as compensation. Since the point involved in the appeal is addition to the income of the deceased in the name of future prospects, the facts are not required to be noticed in detail. Ashu Rishi has been a bachelor who was 25 years old and was pursuing B.Sc. Multimedia in final year from Sikkim Manipal University. He was working as a web -developer with H Degree, Web Division, Chandigarh. A sum of Rs. 25,000/ - was spent on his last rites. A sum of Rs. 30.00 lakhs is claimed as compensation.

(2.) THE respondents have resisted the claim petition. They have denied the averments of the claimants regarding the age, income and qualification of the deceased as also the amount sought as compensation.

(3.) LEARNED counsel for the appellants has contended that the income of the deceased is taken by the Tribunal at Rs. 8,000/ - per month. According to him, the deceased was 25 years of age and he was pursuing the course in multimedia and was bound to rise. According to him, the income of the deceased for assessment of compensation should have been the amount he was getting at the time of his death to which 50% thereof should have been added in the name of future prospects. According to him, in this way, the income of the deceased would have come to Rs. 12,000/ - per month and the compensation should have been assessed taking Rs. 12,000/ - per month as income of the deceased.