AI Structured Summary
Not yet generated for this judgment
Judgment
Suresh Kait, J.—Instant appeal has been preferred against the impugned award dated 23.05.2011, whereby ld. Tribunal has granted compensation for a sum of Rs. 8,04,524/- with interest @ 7.5% per annum from the date of filing of the petition till realization. Ld. Counsel appearing on behalf of the appellant has argued that as per the claim petition filed by respondents/claimants, age of the deceased was 42 years, despite that ld. Tribunal has granted 50% towards future prospects. Ld. Counsel has relied upon the dictum of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , which has been further affirmed in Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009. She also relied upon the recent Judgment of the Apex Court in the case of Rajesh and Others Vs. Rajbir Singh and Others, .
She submits that keeping in view the dictum of the Apex Court in the aforesaid judgments, future prospects ought to have been added 30% in view of the age of the deceased.
Ld. Counsel appearing on behalf of the respondents/claimants do not dispute the legal proposition relied upon by the counsel for the appellant.
Accordingly, in view of the dictum of the Apex Court and the statement of the ld. Counsel for the respondent, I reduce the future prospects from 50% to 30%.
Consequently, the compensation comes as under:
Therefore, the modified compensation comes to Rs. 7,15,904/-.
Instant appeal stands disposed of on the above terms.
Vide order dated 22.05.2012, 50% of the award amount was directed to be released in favour of the respondent/claimant.
In view of the above, balance compensation amount be released in favour of the respondent/claimant. Statutory amount with excess amount be also released in favour of the appellant.