NARMADI BAI Vs. OM PRAKASH

JUDGEMENT

(1.) These appeals have been filed by the claimants and the Insurance company respectively being aggrieved of award dated 30 th October, 2018 passed by 12th Additional Motor Accident Claims Tribunal, Bhopal in MACC No. 1413/2016.

(2.) The Insurance Company has taken three grounds namely Driver of the offending vehicle M.P.37-M.L.-4256 Omprakash was not having a valid driving license as is proved by non-applicant witness no. 3 employee of the R.T.O. Office Shajapur denying Ex. D-1. The second aspect is that claimant will be entitled to only 40% of future prospect but the Tribunal has wrongly calculated it as 50%. Thirdly, that the accident took place because of head on collision and, therefore, the factum of contributory negligence should have been accepted by the learned Tribunal.

(3.) Shri Nitin Gupta, learned counsel for the claimants in his turn submits that the Tribunal has taken income of the deceased at Rs.6,575.00 per month for an accident which took place on 14/03/2016 when deceased was aged about 24 years a bachelor and was deployed in a private job.