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2017 Supreme(Del) 1628

NAJMI WAZIRI
NATIONAL INSURANCE CO LTD. – Appellant
Versus
BEENA DEVI – Respondent


Advocates Appeared:
For the Appellant : Mr. Arihant Jain for Mrs. Shantha Devi Raman
For the Respondents: Mr. Anshuman Bal

JUDGMENT :

NAJMI WAZIRI, J.

1. A motor vehicle accident on 05.12.2011 claimed the life of one Mr. Rakesh Kumar Saini. His kin were awarded an amount of Rs.44,13,304/- alongwith interest at the rate of 7.5% per annum from the date of the filing of the claim petition i.e. 22.12.2011 till its realization. Of the amount awarded, a sum of Rs.41,78,304/- was granted towards loss of dependency while the remaining amount was for non-pecuniary compensation. He was survived by his wife, two children and mother. The latter has since passed away.

2. The appellants have questioned the computation of loss of dependency on the ground that addition of 30% towards future prospects to the income of the deceased is erroneous in view of the dicta of the Supreme Court in Reshma Kumari Vs. Madan Mohan (2013) 9 SCC 65, which held that 30% addition is permissible if the deceased was between the age group of 40-50 years and no addition is permissible beyond the age of 50 years. The appellant’s argument is specious because in the aforesaid judgement, the last sentence of para 39 provides a window for departure from the above principle, in extraordinary circumstances. The Court notices that at the time of the a






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