SHRIRAM GENERAL INSURANCE CO LTD Vs. KRISHNA DEVI

JUDGEMENT

(1.) The appeal is directed against the judgment dated 16.07.2013 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby compensation of Rs.15,75,610/- was awarded in favour of Respondents no.1 to 4 for the death of Suresh Pal Singh, who suffered fatal injuries in a motor vehicular accident which occurred on 11.03.2013.

(2.) On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of vehicle no.DL-7-SBG-8867 by its driver Chanchal Kumar. It was the claim of Respondents no.1 to 4 that the deceased was working as a Security Guard with Kamal Jewellers, 37E, Kamla Nagar and was earning Rs.12,000/- per month. In the absence of any documentary evidence with regard to the deceased's income, the Claims Tribunal declined to believe that the deceased was getting a sum of Rs.12,000/- per month.

(3.) It is urged by the learned counsel for the Appellant that Sapandeep Tomar, one of the sons of deceased Suresh Pal Singh was major being aged 24 years. He cannot be said to be financially dependent upon the deceased. Therefore, the Claims Tribunal ought to have made deduction of 1/3rd towards personal and living expenses instead of 1/4th. It is further urged that the Claims Tribunal erred in making an addition of 30% towards future prospects. Since there was no evidence with regard to deceased's good future prospects, addition of 30% was not permissible. Reliance is placed on a three Judge Bench decision of the Supreme Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., 2013 9 SCC 65and the judgment of this Court in HDFC Ergo General Insurance Co. Ltd. v. Lalta Devi and Ors., MAC APP No. 189/2014 decided on 12.01.2015.