Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 2629 of 2010 Appellant :- National Insurance Company Limited Respondent :- Smt. Meena Mishra & Others Counsel for Appellant :- Manish Kumar Nigam Counsel for Respondent :- Jitendra Prasad Mishra,Mazhar Ullah
Hon'ble Saral Srivastava,J.
Heard learned counsel for the appellant and Sri Jitendra Prasad Mishra, learned counsel for the respondents.
The appellant insurance company has preferred the present appeal challenging the award dated 26.05.2010 passed by the Motor Accident Claim Tribunal, Court No.13, Allahabad whereby the Tribunal has awarded Rs.5,32,500/- alongwith 6% interest as compensation to the claimants respondents for the death of Anjani Kumar Mishra who died in an accident on 01.07.2008.
Learned counsel for the appellant has assailed the finding on quantification of compensation on the ground that the deceased was bachelor and the parents are the claimants, therefore, the Tribunal should have deducted half towards personal expenses of the deceased in computing the compensation in view of the judgement of the Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and others 2009 (6) SCC 121.
Be that as it may, though the learned counsel for the appellant may be right in his submission, but perusal of the finding in respect of quantification of compensation reveals that the Tribunal has not awarded future prospects, though the claimants are entitled for future prospects to the tune of 40% in view of the judgement of Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680. It is also settled in law that it is the duty of the Court to award just and proper compensation.
In the instant case, if the Tribunal had awarded 40% towards future prospects, the compensation awarded by the Tribunal would have been the same. Thus, in view of the aforesaid fact, it is not a fit case where this Court should interfere in the quantification of compensation awarded by the Tribunal.
For the reasons given above, the appeal lacks merit and is accordingly dismissed.
Order Date :- 30.11.2018 S.Sharma