(1.) Golty Saluja, then aged 32 years, earning his livelihood from business, suffered injuries in a motor vehicular accident that had occurred on 24.02.2011, due to negligent driving of a motor vehicle described as Tata tempo bearing registration no.HR-46A-8927, admittedly insured against third party risk with the third respondent (insurer) for the period in question and died in the consequence.
(2.) In the accident claim case (115/11), instituted on 24.03.2011, by his wife and two other members of the family dependent on him, the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 20.10.2011, awarded compensation in the total sum of Rs.29,31,900/-, directing the insurer to pay with interest at the rate of 7.5% p.a. The insurer has taken the plea of breach of terms and conditions of the insurance policy on the ground that the first respondent (driver) of the offending vehicle was not holding a valid driving licence. This plea was accepted and thus the insurer was granted recovery rights against the first and second respondent.
(3.) By the appeal at hand, the claimants seek enhanced compensation. The prime grievances are that the element of future prospects of increase in income was not granted and that the nonpecuniary heads of damages and the rate of interest levied are low.