ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. MUKESH

JUDGEMENT

(1.) THE Appellant Insurance Company impugns a judgment dated 14.02.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 6,75,904.00 the Appellant Insurance Company was made liable to pay the compensation with a right to recover the same from Respondents No.1 and 2 as the driving licence possessed by Respondent No.5 had expired on 06.09.2006, whereas the accident took place on 21.12.2006.

(2.) THE only ground of challenge to the impugned judgment is that although there was no evidence with regard to the future prospects, the Claims Tribunal made an addition of 50% towards future prospects.

(3.) DURING the inquiry before the Claims Tribunal, it was claimed that deceased Naresh Kumar was working as a Painter and was earning ' 8,000.00 per month. The Claims Tribunal in the absence of any cogent evidence with regard to the deceased's income or his profession took the Minimum Wages of an un-skilled worker; added 50% towards inflation and applied the multiplier of 16 (as per the age of the deceased) to compute the loss of dependency as Rs. 6,35,904.00.