LAWS(RAJ)-2018-7-85

OMKANWAR AND OTHERS Vs. BABUSINGH AND OTHERS

Decided On July 18, 2018
Omkanwar And Others Appellant
V/S
Babusingh And Others Respondents

JUDGEMENT

(1.) Appellants have filed this appeal, challenging the award dated 7.9.2017 passed by the Tribunal, seeking enhancement of compensation amount.

(2.) Learned counsel for the appellants has submitted that as per Exhibit-27 gross salary of the deceased was Rs. 8,600/- per month. The Tribunal has erred in taking the income of the deceased as Rs. 6,050/- per month while calculating the compensation amount. Learned counsel has further submitted that compensation has not been granted towards loss of future prospects of the deceased. Learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and others AIR 2017 (SC) 4973 , wherein, it was held as under:-

(3.) Learned counsel has next placed reliance on the decision given by the Hon'ble Supreme Court in National Insurance Company Ltd. v. Indira Srivastava and Ors. (2008 (2) SCC 763 ), wherein, it was held as under:-