When the matter is called out, no one appears for the parties.
Upon perusal of the record of the case, it appears that the deceased was a qualified Medical Practitioner having regular salary and was aged about 30 years at the time of accident. Considering the above, awarding Rs.12,54,000/- with 12 % interest to the dependant cannot be said to be in any manner contrary to the provisions of law and against the law laid down by the Apex Court. On the contrary, the deceased, who met with an accident, was seriously injured and taken to the Hospital and after 20 days of hospitalization, he succumbed to injuries. Therefore, the claimant ought to have been awarded the higher amount of compensation under the head of pain, shock and suffering. Even the multiplier applied by the Tribunal is also not in consonance with the decision of the Apex Court in the case of Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121.
If no representation is made on next date of hearing appropriate order, in accordance with law, will be passed.
Post the matter for order on 06.07.2012.
(Anant S. Dave, J.) PIYUSH Top