NEW INDIA ASSURANCE COMPANY LTD. Vs. HAJRA
LAWS(DLH)-2016-4-119
HIGH COURT OF DELHI
Decided on April 07,2016

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
HAJRA Respondents




JUDGEMENT

R.K.GAUBA,J. - (1.)By judgment dated 06.02.2014, the motor accident claims tribunal (tribunal) decided accident claim case (MACT.No.431/2012) instituted by the first and second respondents (claimants) on 04.12.2012 seeking compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) for death of Mohd. Irfan Saify @ Mohd. Irfan that occurred on 16.09.2012 involving collision between his motorcycle DL -9S -AA -4267 (motorcycle) and Honda City car bearing registration No. CH -03 -R -5420 (car), the latter admittedly insured against third party risk with the appellant insurance company (insurer). The tribunal upheld the case of the claimants that the death had occurred due to accident caused on account of negligent driving of the car and, thus, fastened liability on its insurer to indemnify the owner who was held vicariously liable. The compensation was assessed in the sum of Rs.31,47,000/ - which includes Rs.2,35,000/ - in the non - pecuniary damages heads of damages besides loss of dependency in the sum of Rs.29,12,000/ -. It was awarded with interest at 7.5% per annum from the date of filing of the petition.
(2.)By appeal at hand, the insurance company questions the loss of dependency on the ground that the element of future prospects of increase to the extent of 30% was wrongly added.
(3.)In the case reported as Sarla Verma and 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 three Hon'ble Judges in Reshma Kumari & Ors. Vs. Madan Mohan & Anr., (2013) 9 SCC 65, on account of divergence of views, as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter -alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166.


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