SANTOSH AND OTHERS Vs. ASHOK KUMAR AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellantsclaimants against the award dated 17.01.2011 passed by learned Motor Accidents Claims Tribunal, Narnaul (hereinafter called the 'Tribunal'), vide which the claimants have been awarded compensation to the tune of Rs.4,31,200/- on account of death of Laxminarain in the motor vehicular accident which took place on 24.10.2009.

(2.) Learned counsel for the appellants contended that deceased Laxminarain was 50 years of age. He was an agriculturist and was also doing dairy farming but the learned Tribunal has taken his income just Rs.3600/- per month. He further contended that no future prospects have been awarded by the learned Tribunal towards the income of the deceased. Less amount of compensation has been awarded under the other conventional heads. No amount has been awarded to the claimants towards loss of love and affection. Thus, he contended that the Tribunal has not awarded the just compensation.

(3.) On the other hand, learned counsel for the respondentInsurance Company contended that there was no documentary evidence to establish that the deceased was an agriculturist or was doing dairy farming. His income has been rightly taken by the learned Tribunal. He further contended that no future prospects were required to be added to the income of the deceased as he was just a casual labourer and was not holding any permanent post. He contended that in case National Insurance Company Ltd. Vs. Pushpa and others, 2015 9 SCC 166 , the Hon'ble Apex Court has referred the matter to the Larger Bench with respect to the permissibility of granting the future prospects. He further contended that the just compensation has been awarded by the learned Tribunal under all other heads. He further contended that the deceased was travelling on the tractor, which was not meant for carrying on the passengers. He was only a gratuitous passenger and was not covered under the insurance policy. So, the Insurance Company has no liability to pay the amount of compensation.