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2017 Supreme(Del) 2641

R.K.GAUBA
Bharti Axa General Insurance Company Ltd. – Appellant
Versus
Mamta Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Navneet Kumar
For the Respondents: Ms. Nitik Gupta

JUDGMENT :

1. By judgment dated 14.10.2015 on the claim petition (Suit No.318/2014) of the first to third respondents herein, the Motor Accident Claims Tribunal (the tribunal) held inquiry and awarded compensation in the sum of Rs.20,97,664/- with interest on account of death of Rahul Kumar, in a motor vehicular accident that occurred on 24.09.2014 due to negligent diving of the motor vehicle described as container bearing registration No.HR-47A-5662, it admittedly insured against third party risk for the period in question with the appellant insurance company.

2. The insurer is in appeal pressing it on the short point that the element of future prospects of increase in the income was wrongly factored in while calculating the loss of dependency on the multiplier of 18, the income having been assessed on the basis of minimum wages (Rs.8554/-).

3. In the case reported as Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, Supreme Court, inter-alia, ruled that the element of future prospects of increase in income will not be granted in cases where the deceased was “self employed” or was working on a “fixed salary”. Though this view was affirmed by a bench of thre










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