Full Text
JUDGMENT
RELIANCE GENERAL INS CO LTD ..... Appellant Represented by: Mr. Sameer Nandwani, Adv.
1. The present appeal is directed against the impugned award dated 02.01.2012, whereby Ld. Tribunal granted compensation for a sum of Rs.12,88,925/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.
2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the sole ground that on the date of accident, deceased was 49 years of age, however, Ld. Tribunal has added 50% in his actual income towards future prospects contrary to the law settled in the case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121.
3. Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the proposition of law advanced by the counsel for the appellant 2014:DHC:935 and submits that keeping the age, i.e., 49 years of the deceased into view, Ld. Tribunal ought to have added 30% in actual income of the deceased towards future prospects.
4. Keeping in view the position of settled law, future prospects is reduced to 30%. Accordingly, the compensation comes as under: Sr. No. Heads Calculation as per MACT Calculation as per this Court i. Loss of dependency Rs.11,38,925/- Rs.9,87,068.2/ii. Towards love and affection Rs.1,00,000/- Rs.1,00,000/iii. Towards loss of consortium Rs.10,000/- Rs.10,000/iv. Towards loss of estate Rs.5,000/- Rs.5,000/v. Towards funeral expenses Rs.25,000/- Rs.25,000/vi. Litigation expenses Rs.10,000/- Rs.10,000/- Total Rs.12,88,925/- Rs.11,37,068.2/- Resultantly, the award is assessed at Rs.11,37,068.2/-
5. Consequently, the reduced compensation comes to Rs. 1,51,856.8/- (Rs.12,88,925 – Rs.11,37,068.2).
6. Accordingly, the statutory amount with excess amount along with proportionate interest be released in favour of the appellant.
7. The balance compensation amount, if any, be released in favour of the respondents / claimants.
8. In view of above, appeal is allowed. CM. NO. 6706/2012 With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.
SURESH KAIT, J FEBRUARY 19, 2014 jg