G.P.MITTAL
HDFC ERGO GEN INSURANCE – Appellant
Versus
NIRMALA DEVI – Respondent
G.P.MITTAL
1. The appeal is for reduction of compensation of `11,44,712/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Asho Sahani, who suffered fatal injuries in a motor vehicular accident which occurred on 03.06.2011.
2. The following contentions are raised by the learned counsel for the Appellant:-
(i) The deceased was working as a labourer. The Claims Tribunal took the minimum wages to compute the loss of dependency but added future prospects illegally without any evidence in this regard; and
(ii) Non-pecuniary damages have been awarded on the higher side and the counsel’s fee has been wrongly computed.
3. On the other hand, the learned counsel for Respondents no.1 to 6 (the Claimants) supported the impugned judgment and states that the compensation awarded is just and reasonable.
4. As far as addition of future prospects is concerned, 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
Rajesh & Ors. v. Rajbir Singh & Ors.
Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr.
Reshma Kumari & Ors. v. Madan Mohan & Anr.
General Manager, Kerala State Road Transport Corporation
Abati Bezbaruah v. Dy. Director General, Geological Survey of India & Anr., 2003 (3) SCC 148
Susamma Thomas [Kerala SRTC v. Susamma Thomas, (1994) 2 SCC 176 : 1994 SCC (Cri) 335]
Sarla Dixit [(1996) 3 SCC 179] and Abati Bezbaruah [Abati Bezbaruah v. Geological Survey of India
Sarla Verma v. DTC, (2009) 6 SCC 121 : (2009) 2 SCC (Civ) 770 : (2009) 2 SCC (Cri) 1002]
Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr.
Safiya Bee v. Mohd. Vajahath Hussain @ Fasi
Union of India & Ors. v. S.K. Kapoor
Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr.
Sanjay Verma v. Haryana Roadways
Reshma Kumari v. Madan Mohan [(2009) 13 SCC 422 : (2009) 5 SCC (Civ) 143 : (2010) 1 SCC (Cri) 1044
Reshma Kumari & Ors. v. Madan Mohan & Anr.
Rajesh & Ors. v. Rajbir Singh & Ors.
Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr.
Raghubir Singh [(1989) 2 SCC 754]
Hansoli Devi [(2002) 7 SCC 273
Safiya Bee v. Mohd. Vajahath Hussain @ Fasi
Union of India & Ors. v. S.K. Kapoor
Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.