D.Y.CHANDRACHUD,J. - (1.) The present appeal arises from the judgment of a Single Judge of the Delhi High Court in an appeal against an award of the Motor Accident Claims Tribunal (MACT).
(2.) Narinder Sharma died in an accident which occurred on 14 September 2013. The accident involved a motor vehicle which was insured against third party risks by the appellant. The dependents filed a claim for compensation before the MACT. The Tribunal held that the accident was caused due to the negligence of the driver of the offending vehicle. Compensation of Rs 30,26,810 was awarded together with interest at 9 per cent per annum. The Tribunal factored in a component of 30 per cent towards the loss of future prospects in assessing the compensation.
(3.) The High Court has observed that the only issue which was raised by the insurer was in regard to the award of future prospects to the extent of 30 per cent. The deceased was conducting his own business in the name and style of M/s Mahak Cable Networks at East Punjabi Bagh, New Delhi. He was 42 years old on the date of the accident. According to the appellant, the increase in his gross total income as shown in the income tax returns for 2010-11, 2011-12 and 2012-13 would not justify the award of future prospects, or at least to that extent. The High Court negatived the submission of the insurer and held that having due regard to the progressive increase in the income of the deceased, the award of future prospects by the Tribunal could not be faulted.;