SHRIRAM GENERAL INSURANCE COMAPAY LIMITED Vs. YASHODA

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the Insurance Company of offending Truck/Dumfer No. UP-92-T-3442 against the impugned judgment and award dtd. 23/6/2025 passed by the Motor Accident Claims Tribunal (South), Kanpur Nagar in Motor Accident Claim Petition No. 446 of 2015 (Smt. Yashoda and another v. Shoaib Khan and others), whereby compensation of Rs.18,34,000.00 along with interest @ 7% per annum has been awarded to the claimants for the untimely death of deceased Ram Khilawan Rajpoot in a motor accident that took place on 1/3/2015, which is to be indemnified by the in-surer of the offending Truck/Dumfer.

(2.) Factual matrix is that on 1/3/2015, at about 6:00 a.m. the deceased Ram Khilawan Rajpoot, was travelling as pillion rider to his elder brother's (Jagdish Singh) house situated in Ratanpur Colony, Panki on the motorcycle of Sunil Kumar having Registration No. U.P.-78-DQ-7491, which was driven cautiously and in a controlled speed then near Ratanpur village Truck/ Dumfer No. UP-92-T-3442, which was being driven in a rash and negligent manner came from the wrong side and hit the above motorcycle, due to which Ram Khilawan Rajpoot sustained serious injuries, who died on the spot. At the time of accident, the deceased was aged about 37 years and was employed in Kelly Services India Private Limited and was drawing salary of Rs.25,000.00 per month. The Tribunal assessed his income @ Rs.9,800.00 per month, granted future prospects of 50%, applied multiplier of 15, deducted one-third Rs.58,800.00 and awarded Rs.40,000.00 towards loss of consortium. The Tribunal in this manner awarded a compensation of Rs.18,34,000.00 along with 7% interest per annum to the claimants, which was ordered to be indemnified by the insurer of the offending vehicle.

(3.) Learned counsel for the appellant Insurance Company submitted that the alleged accident was doubtful because the F.I.R. was registered on 10/3/2015 at 17:30 hours at P.S. Panki, District Kanpur Nagar as Case Crime No. 54 of 2015, which was lodged ten days after the accident. Learned counsel further submitted that according to the testimony of eye-witness P.W. 3 Aditya Kumar Tiwari, the accident took place head-on but the Tribunal concluded that the offending vehicle hit the motorcycle of the deceased from behind. Learned counsel also submitted that as per the site plan prepared in the instant case, the accident was disclosed as head-on. Learned counsel further submitted that the Tribunal has erred by awarding future prospect @ 50% whereas as per the judgment of the Apex Court in National Insurance Co. Ltd. v. Pranay Sethi and others 2017 (125) ALR 856 (SC)=2017 (180) AIC 45 future prospects of 40% has been awarded. It was further submitted that the Tribunal erred in awarding interest on the future prospects. It was prayed that the appeal be admitted and decided on merits.