NATIONAL INSURANCE COMPANY LTD Vs. BADI BAHU

JUDGEMENT

(1.) WITH the consent of learned Counsel for the parties they are heard finally. This appeal has been filed by the Insurance Co. against the award dated 4 -12 -2012 passed by Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 212/2012 only on the ground that future prospects have been considered by the learned Accidents Claims Tribunal by adding 30% annual income of the deceased.

(2.) IT is submitted that in a death case, the Claims Tribunal while considering the future prospects, has added 30% annual income of the deceased who was aged more than 30 years, however, such increase was not justified as there is no provision under the Motor Vehicles Act to consider such enhancement on the ground of future prospects. Para 16 is relevant which reads thus : - <IMG>JUDGEMENT_390_MPHT4_2013.jpg</IMG>

(3.) I have heard learned Counsel for both the parties.