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2015 Supreme(Del) 4591

G.P.MITTAL
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
RAM MANIK – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Neerja Sachdeva.

JUDGMENT :

G.P. MITTAL, J.

1. The appeal is for reduction of compensation of Rs. 16,90,806 awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondent No. 1 for having suffered injuries to his right leg in a motor vehicular accident which occurred on 2.5.2008 while Respondent No. 1 was riding a cycle pursuing his vocation of selling cigarettes. At the time of hearing of the appeal, following contentions were raised by the learned Counsel for the Appellant Insurance Company:

"(i) Respondent No. 1 claimed compensation of Rs. 6,00,000 but as against this, he was awarded a compensation of Rs. 16,90,806;

(ii) Respondent No. 1 claimed his income to be Rs. 6,000 to Rs. 7,000 from selling cigarettes on a cycle. In the absence of any proof of income, his income ought to have been taken as per the minimum wages of an unskilled worker;

(iii) The Claims Tribunal erred in making addition of 30% towards future prospects relying on the judgment of the Supreme Court in Santosh Devi Vs. National Insurance Company Ltd. and Others, (2012) 6 SCC 421. It is urged that in view of the judgment of the Supreme Court in Reshma Kumari and Others Vs. Madan Mohan and Another, (2013)



























































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