RELIANCE GENERAL INSURANCE CO. LTD. Vs. KAMALA BEGUM

JUDGEMENT

(1.) Heard Mr. A. J. Saikia, learned counsel for the appellant. Also heard Mr. K. Bhuyan, learned counsel for the claimants/respondents.

(2.) The present appeal is preferred against the Judgment dtd. 27/1/2017, passed in MAC Case No. 2697/01 (251/08) by the learned Member of MACT, No. 1, Kamrup, Guwahati.

(3.) The ground of challenge as urged by Mr. A. J. Saikia, learned counsel for the appellant /Insurance Company is that the future prospect ought to have been determined @ 40%, for the reason of the deceased being self employed and was aged below 40 years, however, the learned Tribunal below has fixed it @ 50%. In support of his contention, Mr. Saikia, learned counsel relies on the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited -Vs- Pranay Sethi and Others reported in (2017) 16 SCC 680. The second ground urged is that the claimant is not entitled for interest on the component of future prospect in view of decision of a Coordinate Bench in Oriental Insurance Co. Ltd -vs- Smti Champabati Ray and 5 Ors. (MACApp./378/2017).