UNITED INDIA INSURANCE CO. LTD. Vs. KOMAL DEVI

JUDGEMENT

(1.) Rajesh Kumar, aged 25 years, died in a motor vehicular accident that occurred on 08.11.2013, the accident having been caused by a bus bearing no. DL-1PB-1058, admittedly insured against third party risk with the appellant/insurance company.

(2.) On accident claim case (MACP 509/14), instituted by the first to fourth respondents (collectively the claimants), the Tribunal awarded compensation in the sum of Rs. 24,52,376/- which includes loss of dependency calculated at Rs. 20,27,376/-. It is the said component, the correctness of which calculation is challenged by the insurance company in appeal, its only contention urged at the hearing being that the element of future prospects of increase to the extent of 50% was wrongly added against the assumed income based on minimum wages for matriculates there being no documentary evidence of actual earnings.

(3.) Per contra, the claimants through counsel pointed out that deduction to the extent of one-third on account of personal and living expenses was incorrect as there are four claimants.