NATIONAL INSURANCE CO. LTD Vs. TUKARAM NARAYAN ZIKAMBADE

JUDGEMENT

(1.) Heard Mr. Timble for the Appellant and Mr. Milton Marshal for the respondent nos.1 to 5.

(2.) The Insurance Company challenges the judgment and award dtd. 29/2/2016 made by the Motor Accident Claims Tribunal awarding respondents nos.1 and 2 compensation of Rs.15,71,000.00 exclusive of the amount of 50,000/- awarded towards no-fault liability.

(3.) Mr. Timble learned Counsel for the Appellant submitted that this was a case of contributory negligence. He submitted that the deceased's income was incorrectly taken at Rs.8,000.00 per month when there was no evidence to support the same. He proposes that his income could have been taken at a maximum of Rs.5,000.00 on a notional basis. He submits that the award of Rs.2,00,000.00 towards love and affection and Rs.1,00,000.00 towards loss of estate contrary to the law in National Insurance Company Limited V/s. Pranay Sethi and Ors. ((2017) 16 SSC 680) and Magma General Insurance Co. Ltd V/s. Nanu Ram Alias Chuhru Ram (2018 18 SCC 130). He submits that even the compensation of Rs.25,000.00 towards funeral expenses is contrary to the law in Pranay Sethi (supra). For these reasons, he submits that the impugned award may be set aside or suitably modified.