LAWS(P&H)-2014-5-182

DES RAJ Vs. CHETAN KAUSHIK

Decided On May 28, 2014
Des Raj and Others Appellant
V/S
Sh. Chetan Kaushik Respondents

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a male aged 54 years. He was a Baildar in PWD earning Rs. 3,553/ - per month. The claimants were widow and four children. The tribunal assessed a compensation of Rs. 2 lacs for the claimants.

(2.) I re -work the compensation and place it under several heads. The counsel for the appellants states that there must be 15% increase in salary earned by him. I will follow the dictum in Sarla Verma Vs. Delhi Road Transport Corporation reported in : (2009) 6 SC 121 and make no provision for an increase beyond the age of 50 years. This principle of making provision for future increase was also considered in Reshma Kumari and others Vs. Madan Mohan : 2013 9 SCC 65. In Rajesh and others Vs. Rajbir and others : (2013) ACJ SC 1403 the Supreme Court was suggesting for an increase of 15% in case of private employments where the person could be working even beyond an age limit of 60 years. I cannot make any modification as regards the future increase. I rework the compensation and provide for loss of consortium and loss of love and affection. The various heads of compensation are tabulated as under: -