NEW INSURANCE COMPANY LTD. Vs. SUDHAKAR RAMDAS CHAUDHARI

JUDGEMENT

(1.) In the present Appeal, filed at the instance of the Insurance Company, challenge is laid to the judgment and award dtd. 15/4/2017 passed by the learned MACT, Jalgaon in MACP No. 147/2013, instituted by the claimant under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The aforesaid claim petition was filed before the Tribunal, Jalgaon by Sudhakar Ramdas Chaudhari on the premise that on 21/3/2012 at about 01:00 p.m., while he was travelling in a tractor bearing Registration No. MH-19-P-1714 near the field of Raosaheb Yashwant Patil on the Bhadgaon-Chalisgaon Road, a truck bearing Registration No. MH-15-BJ-6700, coming from the opposite direction, dashed to the tractor. As a result of the said collision, the claimant sustained grievous injuries to his leg and other parts of the body. Despite undergoing surgery, his left leg below the knee had to be amputated. Owing to the permanent disability suffered by him, he lost his agricultural income and consequently claimed compensation. Upon appreciation of the oral and documentary evidence, the learned Tribunal allowed the claim petition and awarded compensation of Rs.17,65,000.00. The said award is under challenge in the present Appeal.

(3.) At the outset, the learned Counsel for the Appellant - Insurance Company restricted his challenge to a limited contention, namely that the Tribunal erred in granting future prospects at the rate of 50% instead of 40%, in view of the judgment of the Hon'ble Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and Ors., 2017 SCC OnLine SC 1270. In support of his submissions, he relies on following judgments: Oriental Insurance Co. Ltd vs. Nanjappan and others, 2004 ACJ 721 , National Insurance Co. Ltd. v. Veena and others, 2018 ACJ 1558, N. K. Sadashivappa vs. The Branch Manager, Civil Appeal No. 1786 of 2023 & Mahantesh vs. Netharavati and Others, 2022 ACJ 1213.