DHANASHRI RAJESH DESHMUKH Vs. SAROJ KUMAR BEHERA

JUDGEMENT

(1.) By consent of the parties, the first appeal is taken up for final hearing.

(2.) This appeal is filed by the original claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mumbai ("Tribunal") by its order dtd. 16/8/2014. The Tribunal has awarded Rs.10.00 lakhs alongwith interest at 7.5% per annum. The basis of compensation towards loss of future income is considered by estimating notional income at Rs.8,000.00 per month by relying upon the decision of the Hon'ble Supreme Court in the case of M. K. Gopinathan vs. J. Krishna & Ors.,(2015) 11 SCC 235. The age of the deceased was 41 years. The Tribunal has, however, passed "pay and recovery" order against the Insurance Company so that awarded amount can be recovered from vehicle owner.

(3.) On 26/6/2009, the deceased Mr. Rajesh Deshmukh was travelling in a Motor Jeep from Bhuvaneshwar to Paradeep Port when the said jeep collided with the stationary truck. The deceased sustained serious injuries and thereafter expired. The deceased was a Technical Engineer working as a Maritime Engineer, qualified from Pune University in the year 1991 and had done various courses with regard to the Maritime Industry conducted by the Government of India and others. Voluminous documents are attached in support thereof, which is not disputed.