NIDHI Vs. MAHAVEER SINGH

JUDGEMENT

(1.) These are miscellaneous appeals respectively filed by the claimants and the Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved of award dtd. 15/4/2011 passed by learned Additional Motor Accident Claims Tribunal, Special Court No.2, Bhopal in MCC No.1995/2009.

(2.) Shri Kapil Patwardhan, learned counsel for the appellant submits that he is claiming future prospect in the light of the law laid down by Supreme Court in case of National Insurance Co. Ltd. Vs. Pranay Sethi in AIR 2017 SC 5157.

(3.) Shri Siddhant Kochar, learned counsel for respondent No.3 on the contrary submits that he is challenging the award on three grounds, namely Tribunal has made one 5th deduction which should have been in fact 1/4th. Similarly, tribunal has wrongly applied multiplier of 17 which should have been 16 in the light of law laid down by Supreme Court in case of Sarla Verma and Ors Vs. Delhi Transport Corp. and Anr. (2009) 6 SCC 121 . Thirdly, according to him, since deceased was a probationer in Corporation Bank, therefore, future prospect cannot be given to the claimants.