MANJULA Vs. BRANCH MANAGER ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Four friends from Bijapur were on a pilgrimage to Shirdi when the car in which they were travelling, driven by one of them, was hit by a goods' lorry driven rashly and negligently coming from the opposite direction on the NH-13 Bijapur-Horti Road. All the persons travelling in the car died on the spot. Four claim petitions were filed before the Tribunal and four appeals were filed seeking enhancement of compensation, to which appeals cross objections were filed by the Insurance Company. The appellate order which is impugned in the present appeal by the claimants in one of the claim petitions seek enhancement of income and a better award than that granted by the Tribunal, since the High Court reduced the quantum of income without any reason.

(2.) There is absolutely no dispute with respect to the negligence being mulcted on the driver of the lorry, which is also covered by a valid insurance policy. The challenge is only to the quantum and though in the judgment of the Tribunal from which the present appeal arises, the deceased-husband of the first claimant was found to have a monthly income of Rs.6,000.00, without any reasoning and without reliance to any material, the High Court reduced it to Rs.5,500.00. The total amount was enhanced, since addition was made to the future prospects in tune with the Constitution Bench judgment in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680.

(3.) The dispute is raised on the income determined which according to the learned Counsel for the appellants; vehemently asserted before us, was Rs.2,25,000.00. The deceased was a multifaceted personality having several irons in the fire; proprietor of a medical shop, partnership in a pharmaceutical distributorship and Director of a Cooperative Bank. The learned Counsel appearing for the Insurance Company, however, pointed out that none of these tall claims were substantiated.