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2015 Supreme(Del) 3719

G.P.MITTAL
New India Assurance Company Ltd. – Appellant
Versus
Rukma Devi – Respondent


Advocates:
For the Appellant :Mr. J.P.N. Shahi, Advocate.
For the Respondents Nos. 1 to 9:Mr. Navneet Goyal, Advocate.

JUDGMENT :

G.P. Mittal, J.:--

1. The appeal is for reduction of compensation of Rs. 15,47,308/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No. 1 to 9 for the death of Mohan Lal, who suffered fatal injuries in a motor vehicular accident which occurred on 06.08.2011 at about 12:30 p.m. near Mangol Puri Railway Line Flyover, Mangol Puri, Delhi.

2. The finding on negligence is not challenged by the Appellant Insurance Company.

3. During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a labourer and was earning Rs. 10,000/- per month. In the absence of any evidence with regard to deceased’s income, his income was taken as Rs. 6422/- per month on the basis of minimum wages and addition of 30% was made towards future prospects to compute the loss of dependency at Rs. 12,62,308/-.

4. On awarding certain sums towards non-pecuniary damages, the overall compensation of Rs. 15,47,308/- was awarded to the Respondents No. 1 to 9 (the Claimants).

5. It is urged by the learned counsel for the Appellant that in the absence of any evidence with regard to good future prospects, no addition towards the same was permissible





















































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