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

2013 Supreme(Sikk) 28

S.P.WANGDI
Branch Manager, The New India Assurance Company Ltd. – Appellant
Versus
Nirlata Sharma – Respondent


Advocate Appeared
For Appellant :Mr. Sudesh Joshi, Advocate.
For Respondents No.1 to 3:Ms. Sunita Pradhan and Mr. Thinlay Dorjee Bhutia, Advocates.
For Respondent No.4:Mr. B. N. Sharma, Advocate.

JUDGMENT(ORAL)

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










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