HDFC ERGO GENERAL INSURANCE CO. LTD Vs. PREETI

JUDGEMENT

(1.) The Appeal is for reduction of compensation of Rs. 10,75,532/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Ramesh Kumar who died in a motor vehicle accident which occurred on 14.11.2009.

(2.) The learned counsel for the Appellant urges that in the absence of any cogent evidence that the deceased was working as a tailor, the Claims Tribunal could not have awarded compensation on the basis of minimum wages of a skilled worker. It is stated that in the absence of any evidence with regard to the future prospects, the Claims Tribunal erred in making addition of 50% in the deceased's income and that the compensation awarded towards non-pecuniary damages is on the higher side.

(3.) On the other hand, the learned counsel for the Claimants argues that the compensation awarded is just and reasonable as even the minimum wages are increased on account of inflation and gets doubled in a period of ten years.