MADHURI SINGH Vs. HARIYANA TRANSPORT CORPORATION

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This appeal challenges the award and decree though passed in favour of the claimants granting a sum of Rs.33,32,000/- from the date of filing of the claim petition till realisation with 7% simple rate of interest. The claimants have felt aggrieved as the tribunal did not grant any amount under the head of future loss of income and there is no discussion also. Why the tribunal has not followed decisions of the Apex Court in Sarla Verma Vs. Delhi Transport Corporation , 2009 6 SCC 121 and National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme(SC) 1050. The claimants being dissatisfied with the awarded amount preferred this appeal for enhancement of the amount of compensation.

(3.) The claimants moved Motor Accident Claim Petition No. 58 of 2015 before Motor Accident Claim Tribunal/Additional District Judge-7, Aligarh (hereinafter referred to as the Tribunal) claiming Rs.1,00,40,000/- as compensation at the rate of 18% rate of interest. It was averred therein that deceased was the only bread-winner of the family. He was hale and hearty and aged about 28 years at the time of accident. Facts as culled from the record are that deceased was working in Vasaka G. Engineering Company. On 9.1.2014, at about 8 am the deceased along with his brother riding on motorbike was going to the Company situated in District Faridabad and when they reached village Sikari Chauk, P.S. Sadar Ballabhgarh, District Faridabad, driver of the bus of Hariyana Transport Corporation bearing Registration No. HR 38 S 2103 dashed the motorbike as a result of which they were badly injured and in few minutes of the accident, the deceased passed away.