Smt. Renu & Ors. vs Bali Ram & Anr.
2012 Latest Caselaw 3964 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Decided on: 6th July, 2012
+       MAC.APP. 346/2012

        SMT. RENU & ORS.
                                                         ..... Appellants
                               Through:   Mr. Manish Maini, Advocate.
                      versus

        BALI RAM & ANR.                       ..... Respondents
                     Through:             Mr. Ms. Rameeza Hakeem for
                                          the Respondent No.2.

        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                               JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of ` 16,44,000/- awarded for the death of Vijay Kumar, who died in a motor vehicle accident which occurred on 23.03.2008.

2. The only ground of challenge is that the Appellant was a technical person although his age was more than 52 years, but since his income was likely to increase as deposed by PW2 R.K. Sharma, the Motor Accident Claims Tribunal(Claims Tribunal) ought to have made some addition in the deceased's income to compute the loss of dependency.

3. The case is covered by the judgment in Sarla Verma & Ors. v.

Delhi Transport Corporation & Anr., (2009) 6 SCC 121. Since the deceased was aged more 50 years and there was no exceptional circumstance, the Appellants were not entitled to any addition on account of future prospects. The compensation of `16,44,000/- awarded is just and reasonable.

4. The Appeal is devoid of any merit; the same is accordingly dismissed.

5. The pending Applications stand disposed of.

(G.P. MITTAL) JUDGE JULY 06, 2012 pst