MANJU BOURI Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated July 29, 2017 passed by the learned Judge, Motor Accident Claims Tribunal-cum-Additional District Judge, Redesignated Court, Bankura in M.A.C. Case No.30 of 2016/109 of 2015.

(2.) Facts of the case are not in dispute. Counsel for the appellants/claimants submits that the Tribunal committed error in law while not granting 40% additional amount towards future prospect since the deceased was 38 years old self-employed person. Mr. Mandal further submits that the Tribunal committed error in law while assessing monthly income of the deceased as Rs.3000.00 instead of Rs.5,500.00 by ignoring the uncontroverted oral evidence as adduced by the widow of the deceased.

(3.) Mr. Mandal relies on the judgments of Hon'ble Apex Court in the case of Smt. Sarala Verma and Ors. vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121 and National Insurance Company Limited vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680.