SHRIRAM GENERAL INSURANCE CO LTD Vs. ROOPWATI

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 19.09.2013 passed by the Motor Accidents Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.13,88,333/ - was granted in favour of the Respondents/Claimants for the death of Amar Singh who died in a motor vehicular accident which occurred on 30.11.2012.

(2.) DURING inquiry before the Claims Tribunal, it was claimed that the deceased was working as a mason and was earning Rs.15,000/ - per month. In the absence of any documentary evidence with regard to the deceased's income, the Claims Tribunal took minimum wages of a skilled worker, added 50% towards inflation, deducted 1/4th towards personal and living expenses and applied multiplier of 13 to compute the loss of dependency as Rs.11,03,333/ -. The overall compensation awarded in para 21 of the award is tabulated hereunder: - <FRM>JUDGEMENT_467_LAWS(DLH)1_2015.htm</FRM>

(3.) IT is urged by the learned counsel for the Appellant that in view of the judgment in HDFC ERGO General Insurance Co. Ltd. v. Smt. Lalta Devi and Ors., MAC. APP. 189/2014 decided on 12.01.2015, it was not permissible to grant future prospects in the absence of any evidence with regard to future prospects. It is further urged that a sum of Rs.50,000/ - awarded towards gratuitous services was not tenable.