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2010 Supreme(P&H) 3309

K.KANNAN
Mrs. Poonam Paul – Appellant
Versus
State Of Uttaranchal Through Secretary Transport Department, Government Of Uttaranchal, Dehradun – Respondent


Judgment

K.Kannan, J.

1. FAO No.3591 of 2007 is for enhancement of claim of compensation filed at the instance of the parents and sister. The State of Uttranchal is itself in appeal in FAO No.4812 of 2007.

I. FAO No.3591 of 2007

2. In FAO No.3591 of 2007, the deceased was a 27 years old Engineering Graduate with Management Degree and was an Area Sales Manager in a multinational company that manufactures soft drinks under the brand name Coke. The proved salary on record was Rs.6,54,790/- per annum. The Tribunal had taken 50% deduction for personal expenses and applied a multiplier of 5 and awarded compensation of Rs.15,94,475/-. Learned counsel has submitted that the multiplier must have been taken on the basis of the age of the deceased or at any rate, the multiplier is relatable to the younger of the claimants between the parents. He also contend that the Tribunal must have provided for a prospect of increase in the income andawarded appropriate compensation for the same.

3. I would place the entire reckoning of compensation which conforms to what has been laid down by the decision in Sarla Verma v. DTC, (2009-3)155 PLR 22 (SC) (2009)6 S.C.C. 121 as explained subsequently in a deci




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