Delhi High Court
Reliance General Insurance Co. ... vs Smt. Suresh Bala & Anr. on 5 December, 2012
Author: G.P. Mittal
$ 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th December, 2012
+ MAC. APP. 1237/2012
RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni, Advocate.
Versus
SMT. SURESH BALA & ANR. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM.APPL.20258/2012(Exemption)
Exemption allowed subject to all just exceptions.
The Application stands disposed of.
MAC.APP.1237/2012
1. The Appeal is for reduction of compensation of `13,80,000/- awarded by
the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of
the Respondents No.1 and 2 for the death of Neeraj Yadav, a bachelor
who was a IIIrd (Final) Year student of B.SC. in Bio-Technology, GIS
Institute of Professional Studies, H.N.B. Garhwal University, Dehradun,
Uttarakhand.
2. By the impugned judgment, the Claims Tribunal referred to Municipal
Corporation of Delhi v. Association of Victims of Uphaar Tragedy, AIR
2012 SC 100, assumed deceased's income to `10,000/- per month, added
50% towards future prospects, deducted 50% towards personal and living
expenses and applied a multiplier of 15 as per the age of the deceased's
mother to compute the loss of dependency.
3. The only contention raised by the learned counsel for the Appellant is that
assumed income of `15,000/- including future prospects was excessive
and exorbitant and the compensation needs to be reduced.
4. It is no longer res integra that potential income of a student pursuing a
professional course should be taken into consideration to award the loss
of dependency. (See Haji Zainullah Khan (Dead) by LR's v. Nagar
Mahapalika, Allahabad, 1994 SSC 487; Ganga Devi & Ors. v. New India
Assurance Co. Ltd. & Ors., (MAC APP. 359/2008), decided by this Court
on 23.11.2009; Ramesh Chand Joshi v. New India Assurance Company
(MAC APP.212-213/2006) decided on 20.01.2010 and B.Ramulamma &
Ors. v. Venkatesh, Bus Union, Rep. by A.M. Velu Mudaliyar & Anr., 2011
ACJ 1702.
5. It has to be kept in view that B.Sc. in Bio-Technology is a prestigious
course and it can be assumed that a person who has completed such a
course would at least get an income of `15,000/- per month. In fact, in
Ramesh Chand Joshi v. New India Assurance Company (MAC APP.212-
213/2006) decided on 20.01.2010, in case of death of a BE(Bio-
Technology) student of Ist Year in Delhi College of Engineering, this
Court took the potential income as `38,333/- per month. It is true that
Delhi College of Engineering is a very prestigious institute and the
deceased in that case was pursuing BE instead of B.Sc. In any case,
assumed income of `15,000/- cannot be said to be excessive or exorbitant
by any standard.
6. The impugned judgment, therefore, does not call for any interference.
The Appeal is, therefore, dismissed in limine. Consequently, the
Applications filed with the Appeal are dismissed.
7. Statutory amount of `25,000/-, if any, shall be refunded to the Appellant
Insurance Company.
(G.P. MITTAL)
JUDGE
DECEMBER 05, 2012
pst
