RELIANCE GENERAL INSURANCE COMPANY LTD. versus SHALU SHARMA & ORS.

RELIANCE GENERAL INSURANCE COMPANY LTD. versus SHALU SHARMA & ORS.

Future prospects cannot be denied for self-employed individuals; an addition of 25% on the ground of future prospects should be applied for deceased aged 42 years, in accordance with Supreme Court precedent.

Parties
Appellant: Reliance General Insurance Company Ltd.; Respondents: Shalu Sharma & Ors.; Deceased: Narinder Sharma
Jurisdiction
India
Judgment Date
02 February 2018
Procedural Posture
Civil Appeal / Final Disposal
Outcome
Appeal disposed of
Legal Topics
Compensation, Future Prospects, Loss of Dependency, Self Employed Income Calculation
Motor Accident Claims Compensation Future Prospects Loss of Dependency Self Employed Income Calculation

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Parties

Reliance General Insurance Company Ltd.

Appellant

Shalu Sharma & Ors.

Respondents

Narinder Sharma

Deceased

Procedural Posture

Civil Appeal / Final Disposal

Legal Issues

  1. 1 Whether future prospects should be awarded to a self-employed deceased in motor accident claims and to what extent

Ratio Decidendi

Future prospects cannot be denied for self-employed individuals; an addition of 25% on the ground of future prospects should be applied for deceased aged 42 years, in accordance with Supreme Court precedent.

Court Disposition

Appeal disposed of

Orders

  • Total compensation fixed at Rs 27,66,522 with interest at 9% per annum from the date of filing of the claim petition.
  • Apportionment as per tribunal award.