(1.) THE Appellant Reliance General Insurance Co. Ltd. impugns judgment dated 06.09.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,35,438/ - was awarded for the death of Sunil, who died in a motor vehicular accident which occurred on 09.05.2008.
(2.) AT the time of hearing of the appeal, the following contentions were raised on behalf of the Appellant:
(3.) I have the Trial Court Record before me. It was stated in the Affidavit filed by Ram Bharose, father of deceased Sunil that the deceased was working as an employee in a factory manufacturing lipsticks. Ram Bharose further claimed that the deceased was getting a salary of Rs.6,000/ - per month. In the absence of any proof of his service, the Claims Tribunal took the minimum wages of a semi -skilled worker under the Minimum Wages Act and computed the loss of dependency, which to my mind, cannot be said to be unreasonable. However, addition of 50% towards future prospects is not permissible in view of the judgment of this Court in HDFC ERGO General Insurance Co. Ltd. v. Smt. Lalta Devi and Ors., (MAC. APP. 189/2014) decided on 12.01.2015, where the question regarding future prospects was dealt with at great length. Paras 13 to 21 of the report in Lalta Devi are extracted hereunder: -