SIMI Vs. NAIR BROTHERS CARRIERS PVT. LTD.

JUDGEMENT

(1.) An intriguing question, which surface in this appeal is whether a percentage higher than that indicated in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121], as approved in National Insurance Co. Ltd. v. Pranay Sethi and others [(2017) 16 SCC 680], can be reckoned towards future prospects, if there exists satisfactory evidence in proof of such higher percentage.

(2.) The widow, parents and daughter of one Biju P.Varghese, who met with an accident on 27/12/2003 are the appellants herein. He succumbed to the injuries and the appellants herein were the claimants in O.P.(M.V.)No.636/2004 before the Motor Accidents Claims Tribunal, Ernakulam.

(3.) Heard Sri.A.N.Santhosh, learned counsel appearing for the appellants and Sri.Mathews Jacob, assisted by Smt.Preethy R.Nair, learned counsel for the third respondent/insurance company. Perused the records.