SRIRAM GENERAL INSURANCE CO LTD Vs. MAHIPAL SINGH

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.7,54,792/- passed by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Naresh Kumar who died in a motor vehicle accident which occurred on 13.10.2010.

(2.) A short ground raised during the hearing of the Appeal is that the Claimants did not lead any evidence with regard to the deceased's future prospects. The Claims Tribunal erred in making addition of 50% in the minimum wages on the basis of which the loss of dependency was computed.

(3.) THUS, relying on Santosh Devi I am of the view that even in the absence of any evidence with regard to the deceased's future prospects, the Claimants were entitled to addition of 30% towards the inflation. The loss of dependency thus comes to Rs.5,53,238/- (6448/- + 30% x 1/2 x