Icici Lombard General Insurance ... vs Smt. Sheela Devi & Ors.
2012 Latest Caselaw 6835 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of decision: 29th November, 2012
+        MAC.APP. 974/2011

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
                                                      ..... Appellant
                       Through: Ms. Suman Bagga, Adv.

                     versus


         SMT. SHEELA DEVI & ORS.            ..... Respondents
                       Through: Mr. Pankaj Kumar, Adv. for R-1 to R-5.

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

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of compensation of `20,84,681/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 5 for the death of Amar Singh who died in a motor vehicle accident which occurred on 18.08.2008.

2. The finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.

3. The only ground of challenge raised is that the deceased was on leave from April, 2008 to July, 2008. He did not receive any salary during this period. In the month of August, he received salary for just one day. He expired on 18.08.2008 and therefore, the Claimants are not entitled to any addition of 30% towards future prospects.

4. It is not in dispute that the deceased Amar Singh was in permanent job and was working with Central Govt. (CPWD). He was aged 48 years and, therefore, the Claimants were entitled to addition of 30% on the basis of ratio in Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.

5. The addition of 30% towards future prospects cannot be denied merely on the ground that the deceased was on leave for a period of 3-4 months just before his death.

6. The Appeal, therefore, has to fail; the same is accordingly dismissed with costs throughout.

7. The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.

8. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 29, 2012 vk