Reliance General Insurance Co. Ltd. vs Sunita

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2444

J. R. MIDHA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Sunita – Respondent

JUDGMENT (Oral)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.32,72,500/- has been awarded to the respondents.

2. The accident dated 01st November, 2009 resulted in the death of Pyare Lal. The deceased was driving a scooter which was hit by a motorcycle which resulted in fatal injuries. The deceased was aged 36 years at the time of accident and was survived by his widow and three minor children who claimed compensation.

3. The deceased was self employed and was earning Rs.15,000/- per month. The Claims Tribunal took the income of the deceased as Rs.15,000/- per month, added 50% towards future prospects, deducted 1/4th towards personal expenses and applied the multiplier of 15 to compute the loss of dependency as Rs.30,37,500/-. The Claims Tribunal has awarded Rs.10,000/- towards loss of estate, Rs.1,00,000/- towards loss of love and affection, Rs.1,00,000/- towards consortium and Rs.25,000/- towards funeral expenses. Total compensation awarded is Rs.32,72,500/-.

4. Learned counsel for the appellant urged at the time of hearing that the negligence has not been proved. It is further submitted that the future prospects be reduced from

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