Full Text
HIGH COURT OF DELHI
JUDGMENT
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ..... Appellant
Represented by: Ms. Neerja Sachdeva, Adv.
1. Instant appeal has been preferred against the impugned award dated 23.05.2011, whereby ld. Tribunal has granted compensation for a sum of Rs.8,04,524/- with interest @ 7.5% per annum from the date of filing of the petition till realization.
2. Ld. Counsel appearing on behalf of the appellant has argued that as per the claim petition filed by respondents / claimants, age of the deceased was 42 years, despite that ld. Tribunal has granted 50% towards future prospects. Ld. Counsel has relied upon the dictum of the Apex Court in Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 12, which has been further affirmed in Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009. She also relied upon the recent Judgment 2013:DHC:5290 of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563.
3. She submits that keeping in view the dictum of the Apex Court in the aforesaid judgments, future prospects ought to have been added 30% in view of the age of the deceased.
4. Ld. Counsel appearing on behalf of the respondents / claimants do not dispute the legal proposition relied upon by the counsel for the appellant.
5. Accordingly, in view of the dictum of the Apex Court and the statement of the ld. Counsel for the respondent, I reduce the future prospects from 50% to 30%.
6. Consequently, the compensation comes as under: “Income = Rs.3,516/- per month Future Prospect 30% = Rs.1,055/-. Personal expenses ¼ of Rs.4571/- = Rs.1,143/- Loss of Dependency(Rs.3,428x12x14) = Rs.5,75,904 Loss of Love and Affection = Rs.1,00,000/- Loss of Consortium = Rs.10,000/- Loss of Estate = Rs. 5,000/- Funeral Expenses = Rs.25,000