GURDEEP KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) THE claimants who are the widow, minor children, daughter and parents of the deceased Sanjeev Kumar have filed the present appeal, aggrieved by the quantum of compensation fixed by the Tribunal. It was contended by the claimants that the deceased was owning some land. He was not only cultivating the land but was also running diary farming business. The Tribunal held that there was no credible evidence to establish the same. But considering the fact that the deceased was the owner of tractor bearing registration No. PB -16 -C -9688 and that he also possessed a driving license the Tribunal fixed the income of the deceased at Rs. 5000/ -. The deceased was 27 years old when the accident took place. Nothing was awarded towards future prospects. The Tribunal also virtually awarded no interest on the amount awarded. Only in case where the respondents failed to pay the compensation amount awarded by it within three months from the date of award, the award shall carry 7% interest per annum from the date of award till realisation, it was held.

(2.) THE learned counsel appearing for the appellants would submit that as per the decision of Hon'ble Supreme Court in "Santosh Devi v. National Insurance Company Limited and others", : (2012 -3) 167 P.L.R. 803 (S.C.) : 2012(6) S.C.C. 421" 50% of the income will have to be added to the income of the deceased towards future prospects. He would also submit that the appellants are entitled to interest from the date of petition.

(3.) IT is the finding of the Tribunal that the deceased was 27 years old when the accident took place. In Santosh Devi, the Hon'ble Supreme Court considering the fact that the deceased was 45 years old chose to add 30% of the income towards future prospects of the deceased who was receiving fixed wage.