ORIENTAL INSURANCE CO. LTD. Vs. DALIBAI

JUDGEMENT

(1.) This appeal has been filed by the appellant - Insurance Company under Sec. 173(1) of Motor Vehicles Act, 1988, against the award dtd. 17/8/2021 passed by Vth Additional Member, MACT Ujjain in Claim Case No.19/2021for reduction of the amount of compensation.

(2.) The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, in case of death of Vishnu Prasad, the Tribunal has awarded a total compensation of Rs.32,01,400.00 along with interest.

(3.) Learned counsel for the Insurance Company contended that the Tribunal has committed error in holding the income of the deceased as Rs.18,000.00 per month without there being any cogent and positive evidence. He further submitted that the Tribunal has committed error in adding 30% as future prospects contrary to the judgment of the Apex Court in the case of National Insurance Co.Ltd.Vs.Pranay Sethiand others (2017) 16 SCC 680 which ought to have been 25%. The assessment is highly excessive and cannot be considered as just and proper and prays for reduction of the amount of compensation.