RAM GENERAL INSURANCE CO LTD. Vs. GAURAV KINDRA

JUDGEMENT

(1.) Appellant is the Insurer, who is challenging the impugned Award of 10th July, 2015 in this appeal on the ground that instead of 50% addition towards future prospects, 40% addition ought to have been made in view of recent Constitution Bench's judgment in National Insurance Company Ltd. vs. Pranay Sethi & ors. 2017 SCC OnLine SC 1270 and deduction towards personal expenses of the deceased ought to be half (1/2) and not one third (/rd), as the deceased is survived by only one legal heir.

(2.) The facts giving rise to this appeal, as already noted in the impugned order, are that on 2nd October, 2013, deceased Jyoti was a pillion rider on a scooty with her husband and had met with an accident at Pillar No. 723, Main Najafgarh Road, Uttam Nagar, Binda Pur, Delhi at about 9:45 p.m. and sustained fatal injuries. Learned Tribunal, in the impugned Award has granted 50% addition towards future prospects and has deducted /rd towards personal expenses of the deceased.

(3.) A Constitution Bench of this Court in Pranay Sethi (Supra), has declared that addition of 40% of the established income towards 'future prospects' should be made where the deceased has fixed salary and is below the age of 40 years and the compensation under the non pecuniary heads, ought to be Rs. 70,000/-. On this aspect, Supreme Court in a later decision of Laxmidhar Nayak & ors. vs. Jugal Kishore Behera & ors. 2017 SCC OnLine SC 1386, pertaining to an accident of the year 1991, has granted compensation strictly in terms of Pranay Sethi (Supra).