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2015 Supreme(Del) 289

G.P.MITTAL
Reliance General Insurance Co. Ltd – Appellant
Versus
Reeta Mishra – Respondent


Advocate Appeared
For the Appellant:Pankaj Gupta, Suman Bagga, Advocates.
For the Respondents: Nemo.

Judgment

1. The appeal is for reduction of compensation of Rs. 12,53,795/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rakesh Mishra, who died in a motor vehicular accident which occurred on 15.06.2010 at 9:00 p.m.

2. The following contentions are raised on behalf of the Appellant:-

(i) In the absence of any evidence towards future prospects, addition of 50% was not justified; and

(ii) The compensation awarded towards non-pecuniary damages is on the higher side.

3. The appeal must succeed on both the grounds.

4. In the absence of any evidence with regard to deceased’s income, the Claims Tribunal took the minimum wages of an unskilled worker to compute the loss of dependency. Future prospects @ 50% were also added.

5. The question of grant of future prospects was dealt with by this Court at great length in HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi and Ors., MAC APP No. 189/ 2014 decided on 12.01.2015. Paras 8 to 21 of the report in Lalta Devi (supra) are extracted hereunder:

“8. It is no gainsaying that in appropriate cases some addition towards future prospects must be made in case of death or injury of a person pursuing a profes



































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