VANDANA AND ORS. Vs. KESHAV AND ORS.

JUDGEMENT

(1.) Claimants are in appeal seeking enhancement of compensation on account of death of Sandeep Kumr Poonia in a motor vehicular accident that took place on 23/9/2010.

(2.) The Motor Accidents Claims Tribunal, Jind (in short "the Tribunal") has awarded compensation of Rs.36,04,000.00, detailed hereunder:-

(3.) Counsel for the appellants would urge that the Tribunal has assessed earning of the deceased @ 3200 US Dollar per month for a period of four months in a calendar year but the same should be six months in a year particularly in the circumstances that the deceased remained working as Merchant Navy Officer with British Marine PLC, Landon w.e.f. 12/2/2010 to 2/8/2010. Another submission made by counsel is that the claimants are entitle to addition in income for future prospects @ 40%. No deduction towards income tax is to be made in view of testimony of Pawan Kumar, Crew Manager, British Marine PLC, Delhi. Deduction for personal expenses is liable to be rectified in the light of judgment of Hon'ble the Supreme Court Smt.Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 ACJ 1298 affirmed by Constitution Bench of Hon'ble the Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others,2017 SCC 1270. Adequate compensation may be allowed under conventional heads.