The court enhanced compensation from Rs.5,38,000 based on increased income and future prospects for the deceased aged 23. It applied a multiplier of 18 and fixed interest at 9% until award and 6% thereafter.
Compensation enhanced to Rs.5,38,000; interest at 9% until award and 6% thereafter; deposit within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 591 of 2008
Appellant :- Smt. Usha Devi And Another Respondent :- Naresh Chand And Another Counsel for Appellant :- Anju Shukla,Nigamendra Shukla
Hon'ble Dr. Kaushal Jayendra Thaker,J.
the judgment and order impugned, this Court feels that the income of the deceased should have been Rs.4500/- per month, namely Rs.54,000/- per year to which as the deceased was 23 years of age, 40% of the income requires to be added in view of the decision in Pranay Sethi (supra), which would come to Rs.54,000/- + Rs.21,600/- = Rs.75,600/-, out of which 1/3 requires to be deducted as personal expenses of the deceased and, hence, the annual datum figure available to the family is Rs.25,200/- rounded up to Rs.26,000/-. As the deceased was in the age bracket of 21-25 years, the applicable multiplier would be 18 in view of the decision of the Apex Court in Sarla Verma vs. Delhi Transport Corporation, (2009) 6 SCC 121 . In addition to that Rs.70,000/- is granted towards conventional heads as it is matter of 2008. Hence, the claimants are entitled to a total sum of Rs.26,000/- x 18 + Rs.70,000/- = Rs.5,38,000/-.
Order Date :- 19.9.2019 LN Tripathi
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal requires enhancement considering the deceased's age and future prospects.
What rate of interest should be applicable on the compensation amount pending and thereafter.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Smt. Usha Devi and another
Naresh Chand and another
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
