RAJESHWARI Vs. PAPU SAHANI & ORS

JUDGEMENT

(1.) The appellant was 39 years old, earning her livelihood as a maid servant, when she suffered injuries in a motor vehicular accident, that occurred on 18.07.2010 due to negligent driving of tempo bearing registration No. DL-1LG-9915, which was insured against third party risk with the third respondent for the period in question. On her accident claim case (Suit No. 1091/10), instituted on 21.08.2010, after inquiry the Tribunal rendered its judgment dated 02.02.2012, awarding compensation in the sum of Rs.4,62,000/- directing the insurer to pay with interest at the rate of 9% per annum, calculating it thus:- <FRM>JUDGEMENT_232_LAWS(DLH)11_2017_1.html</FRM>

(2.) The appeal at hand is filed and pressed with the grievance that in calculating the future loss of income due to functional disability assessed at 30% the Tribunal did not include the element of future prospects. The claimant also seeks enhanced non-pecuniary damages under the heads of pain and suffering and loss of amenities of life.

(3.) Following the ruling of a Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors., the element of future prospects of increase in income to the extent of 40% deserves to be added. Thus, the loss of future income due to disability is recomputed as (5278 X 140/100 X 30/100 X 12 X 15) Rs.3,99,016.80 rounded off to Rs.4,00,000/-.