KANTILAL VALABHAI PATEL Vs. MINOR PRAVIN NATHUBHAI

JUDGEMENT

(1.) This appeal by the original opponents is directed against the award of Rs. 1,99,000 with proportionate cost and 12% interest. The appeal is restricted to Rs. 1,00,000/-. The break up of the award is as follows: .

(2.) On behalf of the appellants it is submitted that the claimant is aged seven years and his future income would have started only at the age of 18 years and till that date, on the basis of Rs. 1000/- per month to take the current income of a minor of seven years age will not be the correct approach. There is considerable force in the argument advanced on behalf of the appellants. Having regard to the facts and circumstances of the case it appears just and proper to direct that under the head of future economic loss the claimant be awarded a sum of Rs. 80,000/- instead of Rs. 1,34,000/-. Thus there would be deduction of Rs. 54,000/- in the award, with proportionate costs and interest, and that amount will have to be returned to the appellant insurance company.

(3.) In the result the appeal is partly allowed and the award of the Tribunal is modified, and the award shall be for the sum of Rs. 1,44,600/- with proportionate costs and 12% interest from the date of application till the date of realisation. The excess amount deposited by the insurance company shall be refunded to it. As regards Cost of the appeal, there shall be no costs and the parties shall bear their own costs.