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2017 Supreme(P&H) 130

ANITA CHAUDHRY
Usha – Appellant
Versus
Krishan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jawahar Narang, Advocate
For the Respondent:Mr. M.B.Jain, Advocate

ANITA CHAUDHRY, J

1. This is the claimants appeal seeking enhancement in the award.

2. Counsel for the appellants urges that the claimants are the parents whose son had died in an accident. It was urged that the Ravi was 22 years old and was unmarried and the multiplier of 14 has been applied which should have been 18 and the future prospects had not been added. It was urged that claimants were also entitled to compensation for loss of love and affection.

3. The submission on the other hand was that the matter regarding future prospects is pending before the larger Bench and correct multiplier had been applied after considering the age of the claimants and not the deceased.

4. In the case Reshma Kumari v. Madan Mohan (2013) 9 SCC 65 the three Judge Bench of Supreme Court had reiterated the view taken in Sarla Verma v. DTC, (2009) 6 SCC 121 to the effect that in respect of a person who was on a fixed salary without provision for annual increments or who was self-employed, the actual income at the time of death should be taken into account for determining the loss of income unless there are extraordinary and exceptional circumstances.

5. Further, the divergence of opinion in Reshma Kumari





















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