Guddi Rawat and Another vs Liyakat and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 13,53,200/- awarded in favour of the Appellants for the death of Deepak @ Deepak Rawat, a bachelor aged about 25 years, who died in a motor vehicle accident which occurred on 13th February, 2011. In the absence of any Appeal by the driver/owner or the Respondent Insurance Company, the finding on negligence has attained finality.

The Claims Tribunal took into consideration the deceased''s salary certificate Ex. PW3/2-4 and the appointment letter Ex. PW3/1 to come to the conclusion that the deceased was working with Suryansh Educational Research Training & Development Society as a Junior Accountant and was getting a salary of Rs. 15,000/- per month including the conveyance of Rs. 2,000/- per month.

The Claims Tribunal deducted Rs. 2,000/- which was being paid to the deceased as conveyance allowance and added 30% towards inflation to compute the loss of dependency.

It is urged by the Learned Counsel for the Appellants that they were entitled to an addition of 50% as deceased was a young boy of 25 years and had good future prospects.

I have perused the appointment letter Ex. PW3/1 placed on record. The deceased was offered a consolidated salary of Rs. 15,000/- per month. There was no evidence with regard to the deceased''s future prospects. The Appellants were, therefore, entitled to only an increase of 30% towards inflation on the strength of Supreme Court''s judgment in the case of Santosh Devi Vs. National Insurance Company Ltd. and Others, .

The impugned judgment does not call for any interference.

The Appeal is devoid of any merit; the same is accordingly dismissed. Pending applications stand disposed of.