IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2019

(Arising out of SLP (C) No. of 2019)

(Diary No.30124/2019)

SHAKUNTALA … Appellant

VERSUS

BALRAJ & ORS. … Respondents

O R D E R

Delay condoned.

Leave granted.

In the accident occurred on 4.5.2013, Dharmendra, aged about

24 years lost his life. He was studying Masters of Business

Administration course. He was unmarried. The Motor Accident

Claims Tribunal awarded compensation to the tune of Rs.7,35,000/-

and the High Court enhanced the same to Rs.11,64,000/-. The

claimants are before this Court seeking further enhancement. The

High Court has quantified the compensation taking the notional

income of the deceased at Rs.7,500/- per month. This assessment of

monthly income notionally, in our considered opinion, is on the

lesser side. Since the deceased was also a graduate and was

pursuing his masters course with a view to get a better job in

Business Administration, the High Court, at least, could have taken

Rs.10,000/- per month as notional income of the deceased.

Digitally signed by

GULSHAN KUMAR

ARORA

Date: 2019.10.05

13:03:26 IST

Reason:

Signature Not Verified

2

Having regard to the totality of facts and circumstances of

the case, and taking Rs.10,000/- per month as notional income of

the deceased, we are of the opinion that the interest of justice

would be met if the compensation is enhanced to Rs.15,00,000/-

(Rupees fifteen lac only) from Rs.11,64,000/-. The rate of

interest, as awarded by the High Court, remains. Ordered

accordingly.

The impugned order stands modified to the above extent. The

appeal is disposed of. There shall be no order as to costs.

……………………………………………………………………,J.

(Mohan M. Shantanagoudar)

……………………………………………………………………,J.

(Krishna Murari)

New Delhi;

October 4, 2019.

ITEM NO.46 COURT NO.12 SECTION IV-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30124/2019

(Arising out of impugned final judgment and order dated 14-11-2017

in FAO No. 1969/2016 passed by the High Court Of Punjab & Haryana

At Chandigarh)

SHAKUNTALA Petitioner(s)

VERSUS

BALRAJ & ORS. Respondent(s)

(IA No.127625/2019-CONDONATION OF DELAY IN FILING and IA

No.127629/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 04-10-2019 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

HON'BLE MR. JUSTICE KRISHNA MURARI

For Petitioner(s)

Mr. Sanchar Anand, Adv.

Mr. Shiv Kumar, Adv.

Mr. Rohan Gupta, Adv.

Mr. Devendra Singh, AOR

For Respondent(s)

Ms. Meenakshi Midha, Adv.

Ms. Pritika Juneja, Adv.

Mr. C.S. Ashri, AOR

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Leave granted.

The impugned order stands modified to the extent indicated in

the signed order. The appeal is disposed of in terms of the signed

order. There shall be no order as to costs.

Pending applications, if any, stand disposed of accordingly.

(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)

COURT MASTER COURT MASTER

(Signed order is placed on the file)