Mact claim reduced by high court delhi
SUNIL
(Querist) 23 July 2012
This query is : Resolved
Hi to all Experts.
My qurey regarding to MACT claim....
AM I GO TO SUPREME COURT AGAINST HIGH COURT ORDER?????
My father died on road accident is July 2010.
Hi is 46 that time .
Lower court order to insurance company to give us Rs. 35 lakhs compensation amount . In that order Judge adding the future prospect 50% of my fathers income.
Against This order insurance company go to High court .
In high court Judge verdict is below:-
In Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, it was held that in case of a self employed person, usually actual income on the date of the death is to be taken into consideration. However, in this case, there was oral evidence led by the Respondents (Claimants) in the shape of an affidavit Ex.PW1/A (of Buchiya Devi). She testified that her husband was in the business of civil construction. His business was going on very well and his income was increasing regularly. She testified that his income would have been much more if he would have been alive as he had very bright future in the business. The oral evidence was corroborated by the Income Tax Return for the Assessment Year 2009-10 wherein the deceased returned an income of `1,64,760/-. In the next Assessment Year 2010-11, he returned an income of `2,29,480/-. There was a quantum jump of about 40% just in one year. In this view of the matter, the Respondents (Claimants) were entitled to an addition in the deceased’s income towards future prospects while computing the loss of dependency.
In that order Judge saying that quantum jump of 40% in just a one year.Than why they adding only 30 % as future prospects???
So i only wanna know that is i go to Supreme court against this order or not ?
Is Supreme court cut off more amount than high court order??
Plz Help me to resolve my query??????
Thanks
R.K Nanda
(Expert) 24 July 2012
Yes, u can file appeal/SLP in SC against the order of HC.
JANAK RAJ VATSA
(Expert) 25 July 2012
file slp in the sc against the order of the high court
SUNIL
(Querist) 26 July 2012
I wanna know is any ground in this case in favour for me.
