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2015 Supreme(Del) 898

G.P.MITTAL
HDFC ERGO GEN INSURANCE – Appellant
Versus
NIRMALA DEVI – Respondent


Advocates:
Advocate Appeared:
Ms. Neerja Sachdeva, Adv.
Mr. Anshuman Bal, Adv. for R-1 to R-6.

Judgment

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




































































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