Reliance General Ins Co Ltd vs Amir Hassan & Ors
2014 Latest Caselaw 920 Del

$~21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%              Judgment delivered on: 19th February, 2014


+      MAC.APP. 394/2012

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

                       versus
AMIR HASSAN & ORS                                             ..... Respondents
                                Represented by: Mr. F.K. Jha, Adv. for R1 to R9.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned award dated 02.01.2012, whereby Ld. Tribunal granted compensation for a sum of Rs.12,88,925/- 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 sole ground that on the date of accident, deceased was 49 years of age, however, Ld. Tribunal has added 50% in his actual income towards future prospects contrary to the law settled in the case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121.

3. Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the proposition of law advanced by the counsel for the appellant

and submits that keeping the age, i.e., 49 years of the deceased into view, Ld. Tribunal ought to have added 30% in actual income of the deceased towards future prospects.

4. Keeping in view the position of settled law, future prospects is reduced to 30%. Accordingly, the compensation comes as under:

 Sr.         Heads                   Calculation      as Calculation as         per
 No.                                 per MACT            this Court
  i.       Loss of dependency        Rs.11,38,925/-      Rs.9,87,068.2/-

  ii.      Towards love and Rs.1,00,000/-                Rs.1,00,000/-
           affection
  iii.     Towards loss           of Rs.10,000/-         Rs.10,000/-
           consortium
  iv.      Towards         loss   of Rs.5,000/-          Rs.5,000/-
           estate
  v.       Towards          funeral Rs.25,000/-          Rs.25,000/-
           expenses
  vi.      Litigation expenses       Rs.10,000/-         Rs.10,000/-

               Total                 Rs.12,88,925/-      Rs.11,37,068.2/-

Resultantly, the award is assessed at Rs.11,37,068.2/-

5. Consequently, the reduced compensation comes to Rs. 1,51,856.8/- (Rs.12,88,925 - Rs.11,37,068.2).

6. Accordingly, the statutory amount with excess amount along with proportionate interest be released in favour of the appellant.

7. The balance compensation amount, if any, be released in favour of the respondents / claimants.

8. In view of above, appeal is allowed.

CM. NO. 6706/2012 With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.

SURESH KAIT, J FEBRUARY 19, 2014 jg