GOVINDBAI Vs. JAGANNATH

JUDGEMENT

(1.) This Miscellaneous Appeal under Sec. 173 of Motor Vehicle Act, 1988 is preferred against the impugned award dtd. 17/2/2016 passed in Claim Case No. 82/2013 whereby survivors of the deceased Bhagwatsingh has been awarded an amount of Rs.6,37,000.00.

(2.) Learned counsel for the appellants/survivors of the deceased submits that income has been assessed to Rs.4000.00 whereas it should have been Rs.5270.00 as per Minimum Wages Act. No amount has been awarded in the head of future prospects and looking to the age of the deceased, amount of 40% should have been added in the head of future prospects. Similarly, in the head of loss of estate, amount should also have been awarded. Accordingly, learned counsel prays for enhancement of the award amount by allowing this appeal.

(3.) Per contra, learned counsel for the respondent/insurance company has opposed the prayer on the ground that consortium amount of Rs.1.00 Lakh has been awarded whereas it should have been only Rs.80,000.00 looking to the survivors of the deceased i.e. wife and son. Learned counsel further submits that in the head of funeral expenses Rs.25,000.00 has been awarded whereas even as per the judgment of the Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi & Ors. (2017) 16 SCC 680 (para 59.8), it should have been Rs.15,000.00. On these grounds he prays for passing of just and proper order.