ORIENTAL INSURANCE CO LTD Vs. LEELAWATI

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant under Sec. 173 of the Motor Vehicles Act, 1988 against the Award dtd. 12/12/2013 ("impugned Award") passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, Dwarka Courts, Delhi in MACP No. 126/2012.

(2.) By way of the impugned Award dtd. 12/12/2013 the learned Claims Tribunal Awarded a compensation of Rs.9,79,272.00 with interest @ 7.5 % per annum from the date of filing of the claim petition till realization of the amount and directed the Insurance Company to deposit the entire awarded amount before the learned Claims Tribunal within a period of one month.

(3.) Mr. Pankaj Seth, learned counsel for the Appellant contended that learned Claims Tribunal erred in observing that the alleged incident took place due to negligent driving of the offending vehicle. He further contended that it is a settled law that when two vehicles are involved in an accident then the act has to be treated as contributory negligence. He further contended that in terms of dicta of Hon'ble Supreme Court in National Insurance Co. Ltd Vs Pranay Sethi and Ors reported as (2017) 16 SCC 680, compensation under the head 'Future Prospects' is to be paid by adding 40% of the assessed income of the deceased. Learned counsel fairly concedes that multiplier should be adopted in terms of dicta laid down in case of Sarla Verma and Ors. Vs DTC and Anr. reported as (2009) 6 SCC 121 which is upheld in the judgment of Pranay Sethi (Supra) case.