Krishan Kanta Marwah & Anr vs Reliance General Insurance Co. ...
2012 Latest Caselaw 3321 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 17th May, 2012
+       MAC APP 479/2011

        KRISHAN KANTA MARWAH & ANR. ..... Appellants
                    Through: Mr. S.N.Parashar, Advocate

                    versus

        RELIANCE GENERAL INSURANCE CO. LTD. & ORS.
                                           ..... Respondents
                     Through: Mr. Sameer Nandwani, Adv.
                              for R-1.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `36,20,736/- awarded for the death of Vipin Kumar Marwah in a motor accident which occurred on 03.07.2007.

2. The sole contention raised by the learned counsel for the Appellant is that the deceased was in a settled business. His income was gradually increasing. This case, therefore, should have been considered as an exception to Sarla Verma (Smt.) & Ors. v.Delhi Transport Corporation & Anr., (2009) 6 SCC 121 and some addition towards the future prospects ought to have been made on the basis of the Supreme Court judgment in K.R.

Madhusudhan & Ors. v. Administrative Officer & Anr., (2011) 4 SCC 689.

3. I do not agree. The deceased was a self employed person.

There was no evidence that something exceptional had been done by the deceased just before his death on the basis of which the deceased's income would have substantially increased immediately after the accident. Thus, the Claims Tribunal rightly declined the future prospects, taking into consideration the fact that the deceased was aged 53 years.

4. The compensation of `36,20,736/- awarded by the Claims Tribunal is just and reasonable which is hereby confirmed.

5. The Appeal is without merit; the same is accordingly dismissed.

(G.P. MITTAL) JUDGE MAY 17, 2012 vk