Reliance General Ins Co Ltd vs Smt Premlatha & Ors
2014 Latest Caselaw 826 Del

$~26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 12th February, 2014


+             MAC.A. 363/2012

RELIANCE GENERAL INS CO LTD           ..... Appellant
                      Represented by: Mr. Sameer Nandwani,
                      Adv.

                           Versus


SMT PREMLATHA & ORS                                ..... Respondents
                                  Represented by: Mr. S. Nanda Kumar,
                                  Mr. R. Satish Kumar, Mr. Parivesh Singh,
                                  Mr.P. Dhayanand and Mr. Tarun Kr.
                                  Dwedi,Advs.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Present appeal is directed against the impugned award dated 03.01.2012, whereby Ld. Tribunal has awarded compensation for a sum of Rs.73,04,620/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the ground that claimants failed to prove that deceased was in permanent job. Despite that Ld. Tribunal has added 50% towards future prospects on the income of the deceased while awarding the compensation.

3. To strengthen his arguments, Ld. Counsel for the appellant has relied upon a case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121 further affirmed by the Full Bench of the Apex Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.

4. Ld. Counsel for the appellant further argued that the Ld. Tribunal has wrongly added interest on the future prospects, which is contrary to the law.

5. So far as the issue of future prospects is concerned, it has been considered by this court in the case bearing MACA No.846/2011 titled as 'ICICI Lombard Channel Insurance Co. Ltd. Vs. Angrej Singh & Ors.,' decided on 30.09.2013 while relying upon the dictum of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563.

6. In the present case the age of the deceased was 37 years on the date of accident. He was working in the office of Animal Husbandry Department and was earning Rs.50,614/- per month. PW2 Sh. A.K. Verma, has proved the salary slip of the deceased as Ex.PW2/A. Therefore, I am of the considered opinion that keeping the age of the deceased into view, Ld. Tribunal has rightly added 50% towards future prospects while calculating the compensation.

7. On the issue of interest on future prospects, this court specifically asked the counsel for the appellant to cite any of the judgments in support of his submissions. However, he failed to do so. Even otherwise, settled law is that claimants shall get the interest on the entire compensation amount.

8. In view of above, I do not find any merit in the instant appeal. Same is accordingly dismissed.

9. The statutory amount be released in favour of the appellant.

10. The balance compensation amount be released in favour of the respondents / claimants.

SURESH KAIT, J

FEBRUARY 12, 2014/jg/RS