Archna & Ors. vs New India Insurance Company Ltd. & ...
2015 Latest Caselaw 1085 Del

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

                                          Date of decision: 5th February, 2015
+        MAC.APP. 18/2012
         ARCHNA & ORS.                                   ..... Appellants
                            Through:    Mr. Abdul Wajid, Adv. with
                                        Mr. Javed Ahmed, Adv.

                            versus

         NEW INDIA INSURANCE COMPANY LTD. & ORS.
                                                      ..... Respondents
                       Through: Mr. Salil Paul, Adv. with
                                Mr. Sahil Paul, Adv. for R-1.
         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

G. P. MITTAL, J. (ORAL)

1. This appeal is for enhancement of compensation of Rs.12,65,000/-

awarded by the Motor Accident Claims Tribunal (the Claims

Tribunal) for the death of Mr. Jaipal, who died in a motor vehicular

accident which occurred on 07.10.2006.

2. The only ground of challenge raised by the Appellants is that deceased

Jaipal was having good future prospects and even if he was a self-

employed person, the Appellants are entitled to addition of 50%

towards goods future prospects as the income of the deceased had

increased from Rs.55,763/- to Rs.1,02,233/- per annum on the date of

the death.

3. A perusal of the Affidavit filed by the first Appellant reveals that she

claimed the income of deceased Jaipal to be Rs.6,000/- per month.

The income reflected in the Income Tax Returns (ITR) for the last

year was much more than that on the basis of which the compensation

was granted. On the basis of just two ITRs, it cannot be said that

deceased Jaipal was having good future prospects entitling addition of

50% towards loss of dependency.

4. Addition towards future prospects is permissible only when there is

evidence of good future prospects. In this connection, a reference may

be made to a judgment of this Court in HDFC ERGO General

Insurance Co. Ltd. v. Smt. Lalta Devi & Ors., MAC. APP. 189/2014

decided on 12.01.2015, whereby this matter was discussed at great

length.

5. The appeal therefore, has to fail; the same is accordingly dismissed.

6. Pending application also stands disposed of.

(G.P. MITTAL) JUDGE FEBRUARY 05, 2015/vk