Smt Seema & Ors vs Reliance General Insurance Co Ltd ...
2012 Latest Caselaw 3434 Del

Citation : 2012 Latest Caselaw 3434 Del
Judgement Date : 22 May, 2012

Delhi High Court

Smt Seema & Ors vs Reliance General Insurance Co Ltd ... on 22 May, 2012

Author: G.P. Mittal

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision:22nd May, 2012

+       MAC.APP. 1159/2011

        SMT SEEMA & ORS                           ..... Appellant
                     Through:           Mr.Peeyush Sharma, Advocate

                        versus

        RELIANCE GENERAL INSURANCE CO LTD & ORS
                                      ..... Respondents
                     Through: None.

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

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This Appeal is for enhancement of compensation of `13,66,376/- in favour of the Appellant for the death of Pradeep Kumar who died in an accident which occurred on 06.09.2009.

2. The only ground of challenge is that it was established during enquiry before the Motor Accident Claims Tribunal that the deceased was employed as a motor mechanic with M/s Global Automobiles DTC Depot on a salary of `6,000/- per month. He had good future prospects and could be promoted to the rank of Supervisor with a salary of `15,000/- per month.

3. It is urged that the Claims Tribunal instead of granting 50% addition on account of future prospects, confined it to just 30%.

4. The Appeal must succeed on the basis of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, where it was held that wherever the deceased was below 40 years of age and had a permanent job, the actual salary (less tax) should be increased by 50% towards future prospects. The loss of dependency thus works out to be `12,96,000/- (6000+50%x3/4x12x16) instead of 11,23,200/-.

5. No other contention has been raised. The compensation is accordingly enhanced by `1,72,800/- which shall carry interest @7.5% per annum from the date of filing of the petition till the date of payment. The entire enhanced amount shall enure for the benefit of the Appellant No.1 and shall be deposited in the name of Appellant No.1 in SBI, Saket District Court Branch within eight weeks.

6. The Appeal is allowed in above terms.

7. No costs.

(G.P. MITTAL) JUDGE MAY 22, 2012 mr