BRAHMANI BINA Vs. RAJKUMAR

JUDGEMENT

(1.) Heard on I.A. No.471/2023, an application seeking permission to amend the valuation and accordingly to pay Court Fee.

(2.) Learned counsel for the appellants/claimants submits that he has paid Deficit Court Fee of Rs.30,525.00 and in support of the said submission, he has filed a copy of Online Court Fee Cyber Receipt along with the application, therefore, the Court Fee may be taken on record. On due consideration, the application is allowed and Deficit Court Fee is taken on record.

(3.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 is filed by the appellants/claimants being aggrieved of award dtd. 23/11/2015 passed by learned II Additional Member, Motor Accident Claims Tribunal, Jabalpur in Motor Vehicle Case No.326/2011 mainly on three grounds; (1) The Claims Tribunal has applied multiplier as per the age of the claimants whereas the multiplier will be as per the age of deceased Anamika Saxena, who was 22 years of age at the time of the accident (2) The future prospect is to be added in the light of the law laid down by Hon'ble the Supreme Court in National Insurance Company Limited versus Pranay Sethi and Others (2017) 16 SCC 680 and (3) The Notional Income of the deceased, who was a final year student of M.B.B.S, has been construed at Rs.16,000.00 per month whereas as per the decision of Hon'ble the Supreme Court in Ashvinbhai Jayantilal Modi versus Ramkaran Ramchandra Sharma and Another 2015 SAR (Civil) 148 Supreme Court, the Notional Income should have been atleast Rs.25,000.00 per month.