BAJAJ ALLIANZ GENERAL INSURANCE CO LTD v. YOGITA & ORS

1. The present appeal has been preferred against the impugned award dated 30.04.2010, whereby Ld. Tribunal has awarded compensation for an amount of Rs.9,51,590/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

2. The counsel for the appellant submits that age of the deceased at the time of accident was 27 years. PW[1], wife of the deceased testified that her deceased husband was working as a Marketing Manager with M/s. Ranjana Couriers at NOIDA, UP and was earning Rs.7,000/- per month, however, the claimants could not lead any cogent evidence on record to prove the employment of the deceased or his monthly income, therefore, ld. Tribunal has assessed his monthly income as Rs.6,121.50P. per month as per the minimum wages applicable to a unskilled person at the prevalent time. 2014:DHC:1213 MAC. Appeal No.523/2010

3. Ld. Counsel submits that despite the fact the claimants failed to prove the employment of the deceased, Ld. Tribunal has added 50% in the actual income of the deceased towards future prospects, which is contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, further affirmed by the Apex Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.

4. The issue of future prospects has been decided by this court in the case bearing MACA No.846/2011 titled as ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors., while relying upon the dictum of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 56, wherein the Full Bench of the Apex Court has held that future prospects can be awarded up to 50% keeping in view the age of the deceased or injured.

5. In view of the law settled in Rajesh (Supra) and the view taken by this court in the case of Angrej Singh (Supra), I do not find any merit in the instant appeal.

6. Accordingly, the appeal is dismissed.

7. Consequently, the statutory amount be released in favour of the appellant and the balance compensation amount, if any, be released in favour of the respondents / claimants.

SURESH KAIT, J MARCH 05, 2014 jg