NEETA Vs. VIJAY

JUDGEMENT

(1.) Feeling aggrieved by the impugned award dtd. 17/5/2013 in Claim Case No. 15/10 (Neeta & Ors. vs. Vijay & Ors.), this appeal has been preferred under Sec. 173 of Motor Vehicle Act, 1988. Learned Claims Tribunal has awarded an amount of Rs.14,55,397.00 with interest of 6% from the date of filing of claim petition.

(2.) Brief facts of the case are that deceased Vishal was riding on a motorcycle No. MP 09 JZ 5712 going towards Dhar from Mhow on 23/2/2010 and at about 10 am in the morning, nearby Sadalpur in front of Seema's Board at Dhar road, respondent No. 1 driven the offending Truck No. MP 09 HF-1545 rashly and negligently and dashed the motorcycle of the deceased Vishal from rear side. Deceased suffered grievous injuries and passed away instantly on the spot. He was declared dead at Mittal Hospital, Dhar. Incident was reported and the case under Sec. 304(A) of IPC was registered at Police Station - Sadalpur. Vishal was near about 33 years of age and he was doing the government job in M.Y. Hospital as Lab. Technician and earning Rs.15,000.00 per month. Survivors of the deceased were wife, child, father, brother and mother filed the claim petition.

(3.) Learned counsel for the appellants submits that learned Claims Tribunal has not awarded future prospects which were to be awarded as per para 59.3 of National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680 as age of the deceased was only 33 years which is not in dispute and he was earning Rs.11,945.00 which is also not in dispute, therefore, being a permanent job, 50% of the established income will be added in future prospect head. Similarly, as per directions contained in para 59.8 of Pranay Sethi (supra), Rs.15,000.00 will be awarded in the loss of estate and Rs.15,000.00 will be awarded for funeral expenses along with Rs.40,000.00 each to wife, son, mother, father as survivors for loss of consortium.