Icici Lombard General Insurance ... vs Yashoda And Ors.
2013 Latest Caselaw 4767 Del

$~13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 11th October, 2013

+      MAC.APP. 1164/2011

ICICI LOMBARD GENERAL INSURANCE COMPANY
LTD                                      ..... Appellant
                  Represented by: Ms. Neerja Sachdeva, Adv.
                     versus
YASHODA AND ORS.                                     ..... Respondents
                              Represented by: Mr. Mahesh Verma, Adv.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Instant appeal has been preferred against the impugned award dated 23.05.2011, whereby ld. Tribunal has granted compensation for a sum of Rs.8,04,524/- with interest @ 7.5% per annum from the date of filing of the petition till realization.

2. Ld. Counsel appearing on behalf of the appellant has argued that as per the claim petition filed by respondents / claimants, age of the deceased was 42 years, despite that ld. Tribunal has granted 50% towards future prospects. Ld. Counsel has relied upon the dictum of the Apex Court in Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 12, which has been further affirmed in Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009. She also relied upon the recent Judgment

of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563.

3. She submits that keeping in view the dictum of the Apex Court in the aforesaid judgments, future prospects ought to have been added 30% in view of the age of the deceased.

4. Ld. Counsel appearing on behalf of the respondents / claimants do not dispute the legal proposition relied upon by the counsel for the appellant.

5. Accordingly, in view of the dictum of the Apex Court and the statement of the ld. Counsel for the respondent, I reduce the future prospects from 50% to 30%.

6. Consequently, the compensation comes as under:

     "Income                                = Rs.3,516/- per month
     Future Prospect 30%                    = Rs.1,055/-.
     Personal expenses ¼ of Rs.4571/-       = Rs.1,143/-
     Loss of Dependency(Rs.3,428x12x14) =     Rs.5,75,904
     Loss of Love and Affection             = Rs.1,00,000/-
     Loss of Consortium                     = Rs.10,000/-
     Loss of Estate                         = Rs. 5,000/-
     Funeral Expenses                       = Rs.25,000

____________________________________________ Total Compensation = Rs.7,15,904/-"

7. Therefore, the modified compensation comes to Rs.7,15,904/-.

8. Instant appeal stands disposed of on the above terms.

9. Vide order dated 22.05.2012, 50% of the award amount was directed to be released in favour of the respondent / claimant.

10. In view of the above, balance compensation amount be released in favour of the respondent / claimant.

11. Statutory amount with excess amount be also released in favour of the appellant.

SURESH KAIT, J OCTOBER 11, 2013 jg