LAWS(GJH)-2023-1-69

RELIANCE GENERAL INSURANCE CO. LTD Vs. KAMALA BEGUM

Decided On January 02, 2023
RELIANCE GENERAL INSURANCE CO. LTD Appellant
V/S
Kamala Begum Respondents

JUDGEMENT

(1.) Heard Mr. A. J. Saikia, learned counsel for the appellant. Also heard Mr. K. Bhuyan, learned counsel for the claimants/respondents.

(2.) The present appeal is preferred against the Judgment dtd. 27/1/2017, passed in MAC Case No. 2697/01 (251/08) by the learned Member of MACT, No. 1, Kamrup, Guwahati.

(3.) The ground of challenge as urged by Mr. A. J. Saikia, learned counsel for the appellant /Insurance Company is that the future prospect ought to have been determined @ 40%, for the reason of the deceased being self employed and was aged below 40 years, however, the learned Tribunal below has fixed it @ 50%. In support of his contention, Mr. Saikia, learned counsel relies on the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited -Vs- Pranay Sethi and Others reported in (2017) 16 SCC 680.