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HIGH COURT OF DELHI
Date of Decision: 15th May, 2018
BHARTI AXA GENERAL
INSURANCE COMPANY LTD ..... Appellant
Through: Ms. Arunima Dwivedi and Ms. Preeti Kumra, Advocates
Through: Mr. Anshuman Bal, Advocate for respondents No.1 to 5
Mr. Abhishek Parmar, Advocate for respondents No.6 & 7
JUDGMENT
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.18,67,397/- has been awarded to respondents No.1 to 5. The accident dated 11th February, 2012 resulted in the death of Guddi Devi aged 45 years. The Claims Tribunal took the minimum wages of Rs.7,358/-, added 15% towards future prospects and applied the multiplier of 14 to compute the loss of dependency as Rs.14,21,566/-. The Claims Tribunal awarded Rs.3,85,831/- towards medical expenditure, Rs.25,000/towards loss of love and affection, Rs.10,000/- to consortium and Rs.25,000/- towards funeral expenses. The total compensation awarded is 2018:DHC:3223 MAC. APP.402/2017 Rs.18,67,397/-.
2. Learned counsel for the appellant urged at the time of hearing that the addition of 15% towards future prospects was not warranted and be set aside.
3. Learned counsel for respondents No.1 to 5 submits that though the claimants are entitled to higher future prospects in terms of the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC 1270 but the appellants are not seeking any enhancement.
4. This Court is of the view that the compensation awarded to the claimants is just, fair and reasonable. The addition of 15% towards future prospects does not warrant any interference in view of the principles laid down in Pranay Sethi (supra).
5. The appeal is dismissed.
6. The appellant has deposited the entire award amount with the Claims Tribunal. The Claims Tribunal is directed to disburse the same to respondents No.1 to 5 in terms of the award.
7. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master. MAY 15, 2018 J.R.MIDHA, J. rsk