GAYITRI AND OTHERS Vs. CHARLS PRAKASH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimants being aggrieved by award dated 19.5.2011 passed in Claim Case No.37/2010 by the Court of Tenth Additional Motor Accident Claims Tribunal, Gwalior, whereby in an accident, which took place on 20.5.2008, wherein Vishnu Jatav died, only a sum of Rs.6,75,000/- has been awarded in favour of the claimants.

(2.) It is submitted by the learned counsel for the appellant that in the light of the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi & Others, 2017 16 SCC 680, future prospects @ 40% is to be added to the income computed by the Tribunal. Similarly, in the light of the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma (Smt.) & Others v. Delhi Transport Corporation & Another, 2009 6 SCC 121, multiplier of 18 will be applicable looking to the age of the deceased, whereas multiplier of 16 has been applied. It is also submitted that the amount awarded on conventional heads is also on lower side.

(3.) Learned counsel for the appellant further submits that the Claims Tribunal has exonerated the Insurance Company on hyper technical ground that the offending vehicle was being driven as a transport vehicle whereas the driver was having driving licence only to drive light motor vehicle (LMV).