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2011 Supreme(P&H) 2223

K.KANNAN
Usha Rani – Appellant
Versus
Ranjeet Singh – Respondent


Advocates:
For the Appellants:Mr.Ashwani Arora, Advocate., For the Respondents:Mr.R.S.Dhull, Advocate.

Mr. K.Kannan, J.: (Oral).-

I. Appeal for enhancement of compensation.

1. The appeal is for enhancement of compensation for the death of a Head Constable whose income was shown as Rs.15,817/-. The claimants were widow and three minor children. Counsel appearing for the appellants seeks for reappraisal of the award in the light of the decision in Sarla Verma vs. DTC, reported as [2009(3) Law Herald (SC) 2107 : 2010(1) Law Herald (Acc.) (SC) 65] : 2009 6 SCC 121 that provides for 30% increase in salary and gross salary minus tax must be taken as multiplicant. He also pleads that the appropriate multiplier would be 14 for his age and not just 12, as taken by the Tribunal.

II. Just compensation in the light of Sarla Verma judgement.

2. I tabulate the compensation as awarded by the Tribunal and make a justification for an increase in the manner laid down by the Hon'ble Supreme Court in Sarla Verma's case (supra). The Tribunal has also not awarded the conventional heads of claim for loss of love and affection, loss of consortium, loss to estate and funeral expenses. They are also provided in the table below:

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