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2015 Supreme(Del) 890

G.P.MITTAL
ICICI LOMBARD GENERAL INSURANCE COMPANY – Appellant
Versus
LAL BABU JHA – Respondent


Advocates:
Advocate Appeared:
Ms. Neerja Sachdeva, Advocate
Dr. Pratyusit Nandan, Adv.

JUDGMENT

G. P. MITTAL, J. (ORAL)

1. There is twin challenge to the judgment dated 22.11.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `5,98,176/- was awarded in favour of Respondents no.1 and 2 for the death of their son Ajit Kumar Jha, a bachelor who suffered fatal injuries in a motor vehicular accident which occurred on 17.12.2007.

2. It is urged that the compensation awarded is exorbitant and excessive in as much as in case of a bachelor, the multiplier ought to have been taken as per the age of the Claimants rather than of the deceased. Reliance is placed on U.P. SRTC v. Trilok Chandara, (1996) 4 SCC 362, New India Assurance Company Ltd. v. Shanti Pathak (Smt.) & Ors., (2007) 10 SCC 1, National Insurance Company Ltd. v. Shyam Singh & Ors., (2011) 7 SCC 65 and a judgment of this Court in Vijay Laxmi & Ors. v. Binod Kumar Yadav & Ors., MAC APP.1148/2011 decided on 03.01.2012.


3. It is also averred that the Claims Tribunal made addition of 30% towards future prospects/inflation, which in the absence of any evidence towards good future prospects was not permissible. Reliance is placed on Reshma Kumari & Ors. v. Madan Mohan & Anr., (2



















































































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