Dismissed

Bharti Axa General Insurance Company Ltd. v. Munna Lal & Ors.

Delhi HC15 May 2018MAC.APP./402/2017

Case brief

AI extract

What is this about?

Appeal against motor accident compensation award dismissed. Court held the awarded compensation, including 15% future prospects addition, was just, fair, and reasonable.

What did the court decide?

Learned counsel for the appellant urged for setting aside the 15% addition; the appeal was dismissed with directions to the Claims Tribunal to disburse the deposited amount.

Bharti Axa General Insurance Company Ltd. Vs Munna Lal & Ors. — Insurance | Delhi HC (2018)

¶1

$~9

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Decision: 15^th May, 2018

¶4

- MAC.APP. 402/2017

¶5

BHARTI AXA GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Ms. Arunima Dwivedi and Ms. Preeti Kumra, Advocates

¶6

versus

¶7

MUNNA LAL & ORS ..... Respondents Through: Mr. Anshuman Bal, Advocate for respondents No.1 to 5 Mr. Abhishek Parmar, Advocate for respondents No.6 & 7

¶8

CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

¶9

JUDGMENT (ORAL)

¶10

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.18,67,397/- has been awarded to respondents No.1 to 5. The accident dated 11^th February, 2012 resulted in the death of Guddi Devi aged 45 years. The Claims Tribunal took the minimum wages of Rs.7,358/-, added 15% towards future prospects and applied the multiplier of 14 to compute the loss of dependency as Rs.14,21,566/-. The Claims Tribunal awarded Rs.3,85,831/- towards medical expenditure, Rs.25,000/towards loss of love and affection, Rs.10,000/- to consortium and Rs.25,000/- towards funeral expenses. The total compensation awarded is

¶11

Page 1 of 2

¶12

MAC. APP.402/2017

¶13

Rs.18,67,397/-.

¶14

Learned counsel for the appellant urged at the time of hearing that the addition of 15% towards future prospects was not warranted and be set aside.

¶15

Learned counsel for respondents No.1 to 5 submits that though the claimants are entitled to higher future prospects in terms of the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC 1270 but the appellants are not seeking any enhancement.

¶16

This Court is of the view that the compensation awarded to the claimants is just, fair and reasonable. The addition of 15% towards future prospects does not warrant any interference in view of the principles laid down in Pranay Sethi (supra).

¶17

The appeal is dismissed.

¶18

The appellant has deposited the entire award amount with the Claims Tribunal. The Claims Tribunal is directed to disburse the same to respondents No.1 to 5 in terms of the award.

¶19

Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.

MAY 15, 2018 rsk

J.R.MIDHA, J.

Page 2 of 2

MAC. APP.402/2017

Bharti Axa General Insurance Company Ltd. v. Munna Lal & Ors.

Case brief

What is this about?

What did the court decide?

Bharti Axa General Insurance Company Ltd. v. Munna Lal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Naresh Kumar Gupta Vs Gurpreet Singh & Anr. ( Hdfc Ergo General Insurance Company)

Jaspreet Singh & Anr. Vs Shyam Lal & Ors. ( Icici Lombard General Insurance Co. Ltd)

Bharti Axa Gen Ins Co. Ltd. Vs Mohit Kumar & Ors.

Indu Rohatgi Vs Pawan Kumar Jain & Ors.

Chander Mohan Khanna Vs State of Punjab & Anr.

Ashish Dhamija Vs Aditi Dhamija