Tata Aig General Insurance ... vs Smt. Arfina & Ors
2012 Latest Caselaw 6702 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of decision: 22nd November, 2012
+        MAC.APP. 1124/2011

         TATA AIG GENERAL INSURANCE COMPANY LTD....... Appellant
                      Through: Mr. Sameer Nandwani, Adv.

                       versus


         SMT. ARFINA & ORS.                            ..... Respondents
                       Through:          Nemo.

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

                                  JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of compensation of `11,06,200/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the legal representatives of deceased Mohd. Arif, who died in a motor vehicle accident which occurred on 25.09.2010.

2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.

3. During inquiry before the Claims Tribunal it was claimed that the deceased was working as a Sales Manager with M/s. Supreme Enterprises and was getting a salary of `34,500/- per month. It was also claimed that the deceased had studied upto 9th or 10th standard.

4. In the absence of any cogent evidence with regard to the deceased's income, the Claims Tribunal took the minimum wages of a skilled worker, added 30% towards future prospects to compute the loss of dependency as `10,56,182/-.

5. The only ground of challenge raised by the Appellant Insurance Company is that there was no evidence that deceased Mohd. Arif was having good future prospects. The Claims Tribunal, therefore, erred in granting 30% addition in the deceased's income towards future prospects.

6. There is no force in the contention raised on behalf of the Appellant Insurance Company.

7. This Court in Rakhi v. Satish Kumar & Ors. (MAC. APP. 390/2011) decided on 16.07.2012, referred to the reports of the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and Ors. (1994) 2 SCC 176, Sarla Dixit v. Balwant Yadav, (1996) 3 SCC 179, Bijoy Kumar Dugar v. Bidya Dhar Dutta & Ors, (2006) 3 SCC 242, Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121 and Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559 and held that even in the absence of any evidence with regard to future prospects Santosh Devi provides for an increase of 30% towards inflation in the victim's income in case of self employed persons and persons having fixed income.

8. Therefore, the legal representatives of the deceased Mohd. Arif were entitled to addition of 30% which was rightly given by the Claims Tribunal.

9. The Appeal is groundless; the same is dismissed with costs throughout.

10. The statutory deposit of `25,000/- be refunded to the Appellant Insurance Company.

11. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 22, 2012 vk