SBI GENERAL INSURANCE COMPANY Vs. KUMARAM

JUDGEMENT

(1.) The Insurance Company/appellant has assailed the quantum part of compensation awarded on 21.12.2023, passed in Claim Case No.39/2022 by the learned First Motor Accident Claims Tribunal, Bastar at Jagdalpur, whereby compensation to the tune of Rs.8,52,413/- along with interest at the rate of 9% per annum has been awarded on account of injuries sustained by the claimant.

(2.) Mr. Utsav Mahiswar, learned counsel appearing for the appellant/Insurance Company, would submit that in a motor accident dated 23.08.2021, the claimant sustained grievous injuries and suffered permanent disability to the extent of 65%. He would contend that the learned Tribunal assessed the functional disability at 22%. He would further submit that the learned Tribunal considered the monthly income of the claimant as Rs.12,930/-, assessing the annual income at Rs.1,55,160/-. He would argue that the learned Tribunal committed an error of law in granting 40% additional sum towards future prospects. He argues that in an injury case, there is no provision for granting future prospects, and therefore, the award deserves to be modified.

(3.) On the other hand, Mr. Pravin Tulsyan, learned counsel appearing for the claimant, would submit that in injury cases where the claimant/victim has suffered permanent disability, compensation towards future prospects is permissible. He has placed reliance on the judgment rendered by the Hon'ble Supreme Court in the matter of Lalan D. alias Lal v. Oriental Insurance Company Ltd., reported in (2020) 9 SCC 805.