Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 2129 of 2018 Appellant :- The New India Assurance Company Limited Respondent :- Smt. Urmila Shukla And 5 Others Counsel for Appellant :- Vinay Kumar Khare
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Vinay Kumar Khare, learned counsel for the appellant-Insurance Company.
The appellant has preferred this appeal against the award dated 17.01.2018 passed by the Motor Accident Claim Tribunal, Allahabad whereby a sum of Rs.24,43,432/- has been awarded as compensation with 7% simple interest from the date of the claim petition till the payment.
The only ground to assail the aforesaid award passed by the counsel is that the deceased was more than 60 years of age and even then benefit of 20% of the salary for future prospects has been awarded.
The Uttar Pradesh Motor Vehicles Rules, 1998 vide Rule 220-A(3) envisages for the grant of future prospects and it provides that in case of the person aged more than 50 years of age, 20% of his salary/income shall be added in the actual salary for the purposes of determining the compensation.
In view of above specific Rule, addition of 20% of the salary of the deceased is not illegal even if he was more than 60 years of age.
Accordingly, we find no substance in this appeal and the same is dismissed.
Order Date :- 24.4.2018 piyush