LAWS(DLH)-2012-8-118

ICICI LOMBARD GENEAL INSURANCE CO LTD Vs. MONU

Decided On August 06, 2012
ICICI LOMBARD GENEAL INSURANCE CO LTD Appellant
V/S
MONU Respondents

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.20,36,980/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 to 5 for the death of Anil who died in a motor vehicle accident which occurred on 05.02.2009.

(2.) THE only ground of challenge raised during hearing of the Appeal is that that there was no evidence with regard to the deceased's future prospects yet, the Claims Tribunal made an addition of 50% towards future prospects which was not permissible. Reliance is placed on Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.

(3.) THUS, there would be an addition of 30% in the deceased's income to compute the loss of dependency instead of 50% granted by the Claims Tribunal.