Oriental Insurance Co Ltd vs Wakil Kumar @ Wakil Dass & Ors
2019 Latest Caselaw 4976 Del

                                                        KAMLESH KUMAR

                                                        31.10.2019 16:36

$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                 Decided on: 16.10.2019
+      MAC.APP. 1166/2018 & CM APPL. 54554/2018
       ORIENTAL INSURNACE CO LTD                         ..... Appellant
                         Through:     Mr. R.K. Tripathi, Advocate.

                         versus

       WAKIL KUMAR @ WAKIL DASS & ORS                    ..... Respondents

Through: Mr. Jatinder Kumar, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J (Oral)

1. This appeal impugns the award of compensation dated 26.10.2018 passed by the learned MACT in MACP No. 529/2010, on the ground that the compensation apropos 'loss of future prospects' has been awarded towards injuries suffered by the injured/victim in a motor-vehicular accident.

2. The Court would note that such compensation can be granted to the injured/victim as has been held in the dicta of Supreme Court in Jagdish vs. Mohan & Ors., (2018) 4 SCC 571. Furthermore, on 01.07.2019, the Supreme Court has reiterated the same principle in Parminder Singh v. New India Assurance Co. Ltd. & Ors 2019 SCC OnLine SC 802.

3. In the circumstances, compensation towards 'loss of future prospects' cannot be a ground for challenge.

4. The appeal, is without merit. It alongwith pending application is, accordingly, dismissed.

5. The awarded amount be released to the beneficiaries of the Award, in terms of the scheme of disbursement as specified in the Award.

6. The statutory amount, alongwith interest accrued thereon, be deposited into the 'AASRA' Fund opened by this Court.

NAJMI WAZIRI, J OCTOBER 16, 2019 RW