Bajaj Allianz General Insurance ... vs Hemlata & Ors
2012 Latest Caselaw 2070 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Decided on: 26th March, 2012
+       MAC.APP. 534/2010

        BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
                                                  ..... Appellant
                        Through: Mr. Atul Nanda, Sr.Advocate
                                 Ms.Rameeza Hakeem, Mr.
                                 Khalid Arshad,
                                 Mr. Rajat Brar
                                 Ms. Priyadarshi Gopal,
                                 Advocates.
                 versus

        HEMLATA & ORS                               ..... Respondents
                    Through:          Mr. N.K.Jha, Advocate

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

                          JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of compensation of ` 18,80,000/-

awarded for the death of Praveen Kumar, who died in an accident which occurred on 13.12.2007.

2. The finding on negligence is not challenged by the Appellant Insurance Company.

3. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal), it was claimed that the deceased was working as a Customer Courier Agent with M/s.Sash Logistics and

Travels Pvt. Ltd. since 01.08.2006 and was earning ` 8100/- per month.

4. Smt. Hemlata (PW-1) the deceased's widow proved the Salary Certificate of the deceased Ex.PW-1/7. She deposed that if her husband had not met with an accident, he would have earned 4-5 promotions and his future salary would have been more than ` 17,000/- per month.

5. PW-2 Nand Kumar, Manager M/s. Sash Logistics and Travels Pvt. Ltd. also proved the Salary Certificate Ex.PW-1/7 and deposed that if the deceased had not died, he could have been promoted to the rank of Manager (Operations) and his salary would have been ` 30,000/- per month. The evidence on future prospects was not rebutted by the Appellant.

6. In this view of the matter, the Claims Tribunal was justified in making an addition of 50% towards future prospects in the deceased's income to compute the loss of dependency.

7. No other contention has been raised.

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

(G.P. MITTAL) JUDGE MARCH 26, 2012 vk