RELIANCE GENERAL INSURANCE COMPANY LTD Vs. HARIOM

JUDGEMENT

(1.) THE appeal is for reduction of compensation of Rs.20,78,816/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of a 17 years old girl Ms. Saumya Singh, who succumbed to the injuries suffered in a motor vehicular accident which occurred on 22.05.2010.

(2.) IT is urged by the learned counsel for the Appellant that the deceased had just passed her 11th standard and was a student of 12th class. The Claims Tribunal erred in taking the notional income of the deceased as Rs.15,000/ - per month. The Claims Tribunal further added 50% towards future prospects, which is in violation of the three Judge Bench decision in Reshma Kumari and Ors. v. Madan Mohan and Anr., 2013 9 SCC 65.

(3.) I have perused the record. Respondents no.1 and 2 have placed on record host of documents to show that the deceased was a brilliant student. Mark sheet issued by the Central Board of Secondary Education (CBSE) shows that the deceased had secured 92%, 95% and 79% marks in English, Hindi and Mathematics respectively. She had passed 11th standard and was a student of Brilliant Tutorials pursuing for admission in IIT. She was granted scholarship of Rs.40,000/ - by the Brilliant Tutorials vide letter Ex.PW -1/7 proved during inquiry before the Claims Tribunal. The deceased participated in Science Olympiad Foundation in Sixth National Science Olympiad and was awarded a merit certificate for her distinctive performance. Other documents have also been placed on record to show that the deceased Ms. Saumya Singh was a brilliant student. In view of this, I am of the view that notional income of Rs.15,000/. - taken by the Claims Tribunal was on the lower side. It ought to have been taken as Rs.20,000/ - per month.