Icici Lombard General Insurance ... vs Jagan Lal Sharma & Ors
2012 Latest Caselaw 1686 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Decided on: 12th March, 2012

+       MAC.APP. 759/2010

        ICICI LOMBARD GENERAL INSURANCE CO LTD
                                             .... Appellant
                         Through: Ms.Suman Bagga, Advocate
                  versus

        JAGAN LAL SHARMA & ORS                  ..... Respondents
                     Through: None.

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

G. P. MITTAL, J. (ORAL)

1. The Appellant seeks reduction of compensation of `4,00,700/- awarded for the death of the Neetu Sharma a post-graduate student of Vidyawati Mukund Lal Post Graduate College.

2. The Claims Tribunal to compute the loss of dependency assumed the deceased's income to be ` 7050/- deducted 50% towards personal living expenses and adopted a multiplier of 9. In the case of a student pursuing a professional course, the Claims Tribunal is to consider the potential income of the deceased after completion of the course. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 (5) SCC 667, death of a young boy, aged 20 years took place in an accident which happened in the year

1972. The deceased was a student of B.Sc Ist year (Biology), a compensation of ` 1,46,900/- was increased and rounded off to ` 1,50,000/-.

3. Considering that the accident took place in the year 2009, the potential income of ` 7050/- of a student doing post-graduation taken by the Tribunal cannot be said to be exorbitant or excessive. I do not find any ground to interfere with the award of ` 4,00,700/- in favour of the respondents no. 1 and 2 (the deceased parents).

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

5. No costs.

(G.P. MITTAL) JUDGE MARCH 12, 2012 mr