ORIENTAL INSURANCE COMPANY LTD Vs. MEERA DEVI

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited impugns the judgment dated 07.09.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.32,39,124/ - was awarded in favour of Respondents no.1 and 2.

(2.) AT the time of hearing of the appeal, the only ground of challenge raised by the learned counsel for the Appellant is that addition of 100% towards future prospects was made. As per Sarla Verma (Smt.) and Ors. v. Delhi Transport Corporation and Anr., 2009 6 SCC 121 this ought to have been confined to 50%. It is further stated that the liability of income tax was not deducted from the income of the deceased while computing compensation.

(3.) LEARNED counsel for Respondents no.1 and 2 on the other hand, has submitted that the Respondents produced evidence to prove that ultimately the deceased could have been promoted as Deputy General Manager and his salary could have been raised in the pay scale of Rs.37,000/ - to Rs.67,000/ -. It is therefore, submitted that the Claims Tribunal was justified in granting 100% increase towards future prospects.