LAWS(DLH)-2012-5-439

NATIONAL INSURANCE COMPANY LTD Vs. SHASHI

Decided On May 23, 2012
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
SHASHI Respondents

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 7,22,770/- awarded in favour of Respondents No. 1 to 7 in respect of death of Neter Pal who died in a motor accident which occurred on 22.03.2010.

(2.) THE Appellant Insurance Company alleged breach of the terms of policy on the ground that the driver did not possess a valid driving licence. THE driving licence produced by Respondent No.8 on the last date of hearing has been got verified by the Appellant Insurance Company. Ms. Manjusha Wadhwa, learned counsel for the Appellant states that the licence and the report given by the Transport Department, West Zone, Janak Puri has been found to be genuine. THE ground of exoneration is given up by the Appellant.

(3.) ADMITTEDLY, the deceased was aged 63 years and a multiplier of Rs.7' was admissible and applied by the Claims Tribunal. Addition on account of future prospects was not admissible (Sarla Verma (Smt.) & ORs. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121) and addition on account of inflation, particularly when the deceased was aged 63 years, was not permissible as per the judgment of this Court in Dhaneshwari & Another v. Tajeshwar Singh & Others, MAC. APP 997/2011 decided on 19.3.2012.