Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of Decision: 16 January, 2017
+ MAC.APP. 373/2014
RELIANCE GENERAL INSURANCE CO. LTD...... Appellant
Through: Mr. Rajeev M. Roy, Adv.
versus
SHILPA SHARMA & ORS. ..... Respondents
Through: Mr. Sunil Kumar Verma, Adv.
for R-1 to R-3.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.39,79,000/- has been awarded to
claimants/respondents no.1 to 3.
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2. The accident dated 15 June, 2013 resulted in the death of
Vipin Sharma. The deceased was aged 30 years at the time of the
accident and was survived by his widow, minor son and mother who
filed the claim petition before the Claims Tribunal. The deceased was
working as a team leader with Ahuja Vegetable Store in INA Market,
New Delhi earning Rs.20,300/- per month which was duly proved by
his employer PW-2. The Claims Tribunal took the income of the
deceased as Rs.19,500/- per month, added 50% towards future
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prospects, deducted 1/3 towards his personal expenses and applied
the multiplier of 16 to compute the loss of dependency as
Rs.37,44,000/-. The Claims Tribunal awarded Rs.1 lakh towards loss
of consortium, Rs.1 lakh towards love and affection, Rs.25,000/-
towards funeral expenses and Rs.10,000/- towards loss of estate.
MAC. APP.373/2014 Page 1 of 3
Total compensation awarded is Rs.39,79,000/-.
3. Learned counsel for the appellant urged at the time of the
hearing that addition of 50% towards future prospects be set aside on
the ground that the job of the deceased was not permanent.
4. Learned counsel for respondents no.1 to 3 submits that the job
of the deceased was permanent and the addition of future prospects is
fair and reasonable.
5. This Court is of the view that there is no infirmity in the
addition of 50% of future prospects considering that the deceased was
aged 30 years at the time of the accident.
6. The appeal is dismissed. The appellant has deposited the entire
award amount with the Registrar General of this Court in terms of
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order dated 28 April, 2014 out of which 70% amount has already
been released to respondents no.1 to 3.
7. Respondents No.1 to 3 shall remain present on the next date of
hearing along with passbooks of their savings bank accounts near the
place of their residence.
8. UCO Bank, Delhi High Court Branch is directed to confirm the
balance as on today with respect to 30% amount lying in the FDR in
the name of the Registrar General. UCO Bank, Delhi High Court
Branch shall also confirm the amount lying in fixed deposit in the
name of respondents no.1 to 3 out of 70% award amount released to
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respondents no.1 to 3 in terms of order dated 28 April, 2014.
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9. List for disbursement of the award amount on 16 February,
2017 at 2.30 pm.
10. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
MAC. APP.373/2014 Page 2 of 3
11. Copy of this order be also sent to UCO Bank, Delhi High Court
Branch.
J.R. MIDHA, J.
JANUARY 16, 2017/ dk
MAC. APP.373/2014 Page 3 of 3