S.P.WANGDI
Branch Manager, The New India Assurance Company Ltd. – Appellant
Versus
Nirlata Sharma – Respondent
Wangdi, J.
The limited question involved in this Appeal is that whether the Learned Claims Tribunal granting compensation against future prospects in the impugned judgment was sustainable in view of the decision of the Hon’ble Supreme Court in Reshma Kumari and Others vs. Mandan Mohan and Another : 2013 (5) Scale 160 wherein it has been held that there should be no addition to income for future prospects where the age of the deceased is more than 50 years as held in Sarla Verma (Smt) and Others vs. Delhi Transport Corporation and Another : (2009) 6 SCC 121. For convenience, the relevant portion of the judgment is set out below:-
“35. With regard to the addition to income for future prospects, in Sarla Verma [2009 (6) SCC 121], this Court has noted earlier decisions in Susamma Thomas [1994 (2) SCC 176], Sarla Dixit [1996 (3) SCC 179] and Abati Bezbaruah [2003 (3) SCC 148] and in paragraph 24 of the Report held as under:
“24. ……. In view of the imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and
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