UNITED INDIA INSURANCE CO. LTD. Vs. PHOOL KALI

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 07.09.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.11,49,744/ - with interest at the rate of 9% per annum from the date of filing the claim petition till realization of the amount.

(2.) BRIEF facts of the case are that on 03.07.2009 at about 6.45 AM, a Bus bearing No. HP 68 0946 was going from Uttar Kashi towards Gangotari in which deceased Mithwa alongwith his friends and several other passengers were travelling. All of a sudden, the bus fell down in the Bhagirathi River while passing through Gehrang at Bhatwadi Gangotari State Highway. In the said bus, there were 63 passengers. Out of which 31 persons were killed, 13 persons were injured and 19 persons were missing.

(3.) LEARNED counsel further submitted that keeping in mind the dictum of Santosh Devi Vs. National Insurance Co. Ltd. & Ors. 2012 6 SCC 421 , as was prevailing at that time, the learned Tribunal ought to have added 30% of the income of the deceased towards future prospects instead of 50%.