- (1.) HEARD Mr. Dua, learned counsel in support of this petition and Mr. Manish Maini, learned counsel appearing for the respondents.
(2.) THIS special leave petition raises the question with respect to the amount of compensation which has been added by the High Court over and above the amount awarded by the Motor Accident Claims Tribunal, Delhi. The learned Single Judge of the High Court of Delhi has enhanced the amount of compensation by Rs.7,30,812/ - with interest at 7.5% per annum. The High Court has passed this order on the footing that the deceased victim, who was the husband of the first respondent, was a self -employed person. Mr. Dua, learned counsel for the Insurance Company has assailed the impugned order by pointing out that in the case of Reshma Kumari and Ors. Vs. Madan Mohan and Anr. (2013) 5 SCALE 160, a Bench of three Judges of this Court in paragraph 36, has taken the view that in a case where the deceased was a self -employed person, the actual income at the time of death without any addition to income for future prospects will be appropriate.
(3.) MR . Manish Maini, learned counsel appearing for the respondents on the other hand, pointed out that another three -Judge Bench judgment rendered a few days later in the case of Rajesh & Ors. Vs. Rajbir Singh & Ors., (2013) 6 SCALE 563, has taken the view, in paragraph 11, that for a self -employed person, an increase need not be merely 30%, it can be, in appropriate cases, to the extent of 50% where the deceased victim was below 40 years of age.;