SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(P&H) 1651

K.KANNAN
RUPINDER SHARMA @ KOMAL SHARMA – Appellant
Versus
SPR. BASANT KUMAR – Respondent


Advocates Appeared:
For the Appellant : D.D. Bansal.
For the Respondent: Jagjot Singh for Mr. Kunal Dawar.

JUDGMENT :

K. Kannan, J.

The appeal is for enhancement of claim for compensation for death of a male, aged 35 years. He was said to be a typist, making a living at the Tehsil Complex. He died leaving behind his widow and 2 sons, both of whom were minor children of 8 and 5 years. The Tribunal took the income at Rs. 3,000/- per month, made a deduction of Rs. 1,000/- for his personal expenditure and applied a multiplier of 17 for assessing the loss of dependence at Rs.4,08,000/- inclusive all the conventional heads. The Tribunal, however, found that he had contributed to his own death by not wearing helmet, made a deduction of 20% for contributory negligence. The learned counsel states that he supported his family of 3 persons and considering-the fact that he died only in 2008, the Court must have accepted the evidence also through two witnesses who spoken to the fact that they have known him as a typist working in Tehsil Complex and used to earn Rs. 9,000/- per month. The counsel for the Union states that with no documentary evidence available, the Tribunal was justified in taking the income at Rs. 3,000/- and determined the compensation. He would also contend that the deceased had him




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top