NATIONAL INSURANCE COMPANY LIMITED Vs. CHANDRAPRABHA AND ORS.

JUDGEMENT

(1.) In Motor Accident Claim Petition No. 138 of 2013 filed under Section 163-A of the Motor Vehicles Act, the Tribunal has awarded total compensation of Rs. 5,71,800/- together with interest at the rate of 8.50% per annum from the date of filing of the petition till its actual realization. This award dated 30.04.2015 passed by the Motor Accident Claims Tribunal is the subject matter of challenge in this appeal by the National Insurance Company Limited.

(2.) The learned counsel for the appellant Shri Anthony submits that the Tribunal has committed an error in awarding 30% additional compensation on account of loss of future prospects and has also committed an error in awarding compensation of Rs.1,00,000/- on account of consortium, Rs.25,000/- towards funeral expenses and Rs.10,000/- towards loss of love and affection. He further submits that the Tribunal has awarded interest at the rate of 8.50% per annum which should not have been more than 7.5%. He has relied upon the decision of the Apex Court in the case of Smt. Sarla Verma and ors v. Delhi Transport Corporation and Anr reported in AIR 2009 SC 3104 and the another decision of the Apex Court in case of Dharampal and others v. U.P. State Road Transport Corporation reported in 2008 ACJ 2041.

(3.) Shri Chopade, the learned counsel appearing for the respondents/claimants has relied upon the decision of the Apex Court in case of Smt. Sarla Verma, cited supra, and has urged that the Tribunal was right in awarding the compensation on account of future prospects and under non pecuniary heads. He has supported the decision of the Tribunal.