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2016 Supreme(UK) 919

SERVESH KUMAR GUPTA
ANUSUYA DEVI – Appellant
Versus
NEW INDIA INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants :Mr. N.S. Negi with Mr. Dinesh Chauhan, Advocate
For the Respondent No. 1:Mr. T.A. Khan, Sr. Adv., assisted by Mr. A.K. Arya, Advocate

JUDGMENT

Having heard learned counsel for the parties, it transpires that the

deceased was an employee in the Basic Shiksha Education Department, Uttarkashi (Assistant Teacher in Primary School). At the time of accidental death, his age was 47 years as per records and he was getting the monthly gross salary of Rs.11,228/- at the time of losing his life. The Tribunal has awarded the compensation to the tune of Rs.4,99,300/- along with 6% interest from the date of moving the application before it. The amount, so calculated, has been paid to the wife of the deceased only. She has come up before the Court seeking enhancement of such compensation on the ground then in the case of Sarla Verma, it was held that 50% of the salary should be added for calculating the base amount as the future prospects in awarding the compensation. This aspect has refuted by learned Senior Counsel on behalf of the Insurance Company relying on the precedent of Constitution Bench of Hon’ble Apex Court in the case of Reshma Kumari and others vs. Madan Mohan and another (2013) 9 SCC 65, 2013 (2) UAD 228. where, in para 39, it was held as under:-

The standardization of addition to income for future prospects sh






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