JASBIR KAUR Vs. SANT RAM AND ANR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-claimant against the award dated 09.01.2013 passed by learned Motor Accidents Claims Tribunal, Patiala (hereinafter called the 'Tribunal'), vide which the claimant has been awarded compensation to the tune of Rs.3,45,000/- along with interest @ 9% per annum from the date of filing the petition till realisation on account of death of her daughter Ms. Shivani in the motor vehicular accident which took place on 17.02.2009.

(2.) Learned counsel for the appellant contended that deceased was a young girl of 23 years of age. She was working as Anganwari Worker and was also taking tuitions, but no future prospects have been added to her income. The multiplier has also been wrongly applied as per the age of the claimant. No amount has been awarded towards loss of love and affection and less amount has been awarded towards funeral expenses.

(3.) On the other hand, learned counsel for the respondentInsurance Company contended that the income of the deceased has been taken on higher side by the learned Tribunal. He further contended that no future prospects were required to be added to the income of the deceased as she 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 just compensation has been awarded by the learned Tribunal under all other heads.