ORIENTAL INSURANCE CO. LTD Vs. LAXMI BHARTI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.14,54,768.00 awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Subhash who died in a motor vehicle accident which occurred on 05.06.2011.

(2.) THE finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.

(3.) IT is urged by the learned counsel for the Appellant that in this case there was no evidence with regard to the deceased's future prospects. Even if there would have been any, only 30% addition could have been made on the basis of the report of the Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121 or even towards inflation on the basis of the report of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559. It is further contended that the award of compensation of Rs.1,00,000.00 towards loss of love and affection is on the higher side.