SEEMA Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant under Sec. 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded vide Award dtd. 2/5/2013 ("impugned Award") passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal (East), Karkardooma Courts, Delhi.

(2.) By way of the impugned Award dtd. 2/5/2013 the learned Tribunal Awarded a compensation of Rs.5,56,360.00 alongwith 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.

(3.) Mr. Anshuman Bal, learned counsel appearing on behalf of the Appellants seeking enhancement of the awarded compensation contended that the learned Claims Tribunal erred in ignoring the testimony of PW-1, Smt. Seema which proved that the deceased was running a shop and was earning Rs.6,000.00 per month. He further contended that since the salary of the deceased was proved before the learned Claims Tribunal, the learned Claims Tribunal ought not to have calculated the compensation taking into account the minimum wages i.e. Rs.3,690.00 per month. Learned counsel while placing reliance on National Insurance Co. Ltd Vs Pranay Sethi and Ors reported as (2017) 16 SCC 680 contended that compensation under the head 'Loss of Consortium', 'Loss of Estate' and 'Loss of Funeral Expenses' needs to be modified/enhanced. Learned counsel further contended that in terms of dicta of Pranay Sethi (supra) since the deceased was of the age of 25 years at the time of the alleged incident, 'Future Prospects' is to be paid by adding 40% of the assessed income of the deceased. Learned counsel while relying on the judgment of Hon'ble Supreme Court in the case of Erudhaya Priya vs State Express Transport Corporation Ltd reported as 2020 SCC OnLine SC 601 and Kirti and Anr. Etc. vs Oriental Insurance Co. Ltd. (Civil Appeal no. 19-20 of 2021) arising out of SLP (C) No. 18728-18729 of 2018 decided on 5/1/2021 sought enhancement of rate of interest from 7.5% per annum to 9% per annum. Learned counsel fairly concedes that in terms of judgment of Pranay Sethi (Supra), compensation under the head 'Love and Affection.' has to be deducted.