LAWS(DLH)-2013-7-448

ORIENTAL INSURANCE CO. LTD Vs. SHASHI BALA

Decided On July 25, 2013
ORIENTAL INSURANCE CO. LTD Appellant
V/S
SHASHI BALA Respondents

JUDGEMENT

(1.) Mac.App. No. 622/2012

(2.) Learned counsel appearing on behalf of the appellant/Insurance Company submits that at the time of the accident, the age of the deceased was 42 years, therefore, in view of the dictums of Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009 on 02.04.2013 and Rajesh & Ors. Vs. Rajbir Singh, 2013 6 Scale 563, maximum 30% should have been given towards future prospects.

(3.) Learned counsel appearing on behalf of the respondent Nos. 1 to 6/claimants does not dispute the legal position and submits that if the future prospects is reduced from 50% to 30% he has no objection.