IFFCO-TOKIO GENERAL INS. CO Vs. UMA DEVI

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 173 of MV Act with the following prayers:

(2.) It is submitted by learned counsel for the appellant that learned Tribunal failed to appreciate the provision under Sec. 164 of the MV Act 1988, being in force at the time of passing the order which clearly states that the award shall be Rs.5,00,000.00 in case of death. It is further submitted that learned Tribunal awarded additional amount of Rs.1,21,000.00 towards compensation without there being any provision.

(3.) On the other hand, it is submitted by learned counsel for respondent nos. 1 and 2 that learned Tribunal has correctly awarded the compensation and there is no error in the impugned judgement. It is further submitted that learned Tribunal while passing the award duly considered the Second Schedule annexed to Motor Vehicle Act and has granted only Rs.5,00,000.00as the compensation amount. It is further submitted that compensation under the Heads of Loss of Consortium, Funeral Expense and Loss of Estate is awarded as per the judgement of the Hon'ble Supreme Court passed in National Insurance Co. Ltd. vs. Pranay Sethi and ors., 2017 (16) SCC 680. It is further submitted that learned Tribunal instead of awarding interest @ 9% per annum has awarded interest @ 6% per annum which is on the lower side.