MOHANBHAI SHANKARBHAI NIZAMA Vs. RAMANBHAI VISHIYABHAI RATHWA

JUDGEMENT

(1.) The appeal is challenging judgment dtd. 31/1/2011 passed by the MACT (Aux), Vadodara in MACP no.433/04.

(2.) Advocate Mr. Hiren Modi for the claimants submitted that the deceased was going as a pillion rider on the scooter who was a promising young boy aged 19 years who had a very good career as he had already completed F.Y. B.Com and was studying in S.Y. B.Com. He had also entered the National Fire Academy and necessary fees as tuition fees as well as for accommodation was paid and National Fire Academy had issued the certificate dtd. 15/3/2004 to substantiate the fact of the deceased being a bonafide fireman trainee in the academy. Advocate Mr. Modi submitted that the notional income has been considered at Rs.1,500.00 which would be degrading the status of the deceased who was a trainee in the Fire Academy. Advocate Mr. Modi also stated that consortium loss was required to be granted to the parents and amount for loss to estate and funeral expenses ought to have been as per the decision in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680.

(3.) Per contra, Advocate Ms. Ami Bhatt for the insurance company submitted that the deceased had not even completed his graduation and he had only taken the admission in the Fire Academy and nothing has come on record to show that he would have completed his course and hence, submitted that in absence of any surety of future development, notional income as assessed by the Tribunal should be considered as reasonable.