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2019 DIGILAW 1726 (SC)

Cholamandalam M/s General Insurance Company Ltd. v. Aarifa

2019-08-01

ASHOK BHUSHAN, NAVIN SINHA

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ORDER : Leave granted. 2. We have heard counsel for the parties. 3. The challenge to the order of the High Court enhancing compensation, as awarded by the Tribunal, is on the ground that it is far in excess of that to be paid in accordance with National Insurance Company Limited Vs. Pranay Sethi and others - (2017) 16 SCC 680 . 4. We are not inclined to interfere with the assessment made by the High Court enhancing the monthly income of the deceased. But we do find that grant of future prospects had to be at 40% and not 50%. Likewise compensation under the non-conventional heads could not have been awarded in excess of Rs.70,000/-. Deduction for personal living expenses of the deceased in the facts of the case ought to have been at 1/4th. 5. Subject to the aforesaid, we modify the compensation, as enhanced by the High Court, and bring it down to a sum of Rs.18,84,400/- (Rupees Eighteen Lacs Eighty Four Thousand Four Hundred) which shall carry interest at the rate of 7.5% as awarded. 6. The appeal is allowed to the aforesaid extent only.