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2013 Supreme(Del) 2449

SURESH KAIT
Lalitha Mathur – Appellant
Versus
Anil Kumar – Respondent


Advocates:
Represented by: Mr. Manish Maini, Adv.
Represented by: Ms. Archana Gaur, Adv. for R3.

JUDGMENT :

Suresh Kait, J.

1. Instant appeal has been preferred against the impugned award dated 27.07.2012, whereby ld. Tribunal has granted compensation as under:

“Loss of Dependency : Rs.7,30,368/- Funeral Expenses : Rs. 5,000/- Loss of Estate : Rs. 5,000/- Loss of Consortium : Rs. 5,000/- Loss of Love and Affection : Rs. 5,000/- Total : Rs.7,50,368/-” Interest @ 9% per annum from the date of filing of the petition till realization has also been awarded by the ld. Tribunal.

2. Instant appeal has been filed for enhancement of the award noted above.

3. Ld. Counsel appearing on behalf of the appellant has argued that on the date of accident, i.e. on 24.09.2009, the deceased Kamal Mathur was 32 years old, despite that ld. Tribunal has added 30% towards future prospects.

4. To strengthen his arguments on this issue, ld. Counsel for the appellants has relied upon case the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 wherein the Apex Court has held as under:

“11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salar
















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