High CourtsSingle Bench(2012) 03 DEL CK 0142

ICICI Lombard General Insurance Co. Ltd. vs Jagan Lal Sharma and Others

Delhi High Court · Decided on 12 March 2012

HON’BLE JUDGES
G.P. Mittal, J
RESULT
Dismissed
CASE NUMBER
MAC. APP. 759 of 2010

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Judgment

5 paragraphs · 219 words

G.P. Mittal, J.—The Appellant seeks reduction of compensation of Rs. 4,00,700/- awarded for the death of the Neetu Sharma a post-graduate student of Vidyawati Mukund Lal Post Graduate College.

2.

The Claims Tribunal to compute the loss of dependency assumed the deceased''s income to be Rs. 7050/- deducted 50% towards personal living expenses and adopted a multiplier of 9. In the case of a student pursuing a professional course, the Claims Tribunal is to consider the potential income of the deceased after completion of the course. In the case of Haji Zainullah Khan (Dead) by Lrs. Vs. Nagar Mahapalika, Allahabad, , death of a young boy, aged 20 years took place in an accident which happened in the year 1972. The deceased was a student of B.Sc Ist year (Biology), a compensation of Rs. 1,46,900/- was increased and rounded off to Rs. 1,50,000/-.

3.

Considering that the accident took place in the year 2009, the potential income of Rs. 7050/- of a student doing post-graduation taken by the Tribunal cannot be said to be exorbitant or excessive. I do not find any ground to interfere with the award of Rs. 4,00,700/- in favour of the respondents No. 1 and 2 (the deceased parents).

4.

The Appeal is devoid of any merit. The same is accordingly dismissed.

5.

No costs.