SIMPLE DEVI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) These appeals have been filed by the appellants/claimants, who are wife and husband respectively, met with the same accident and got injured. They have challenged their respective awards both dated 11.07.2020 passed by the Motor Accidents Claims Tribunal, Ramban (for short the Tribunal) for enhancement of compensation. Both the appeals are taken up together and are being disposed of by this common judgment.

(2.) The appellant-Simple Devi and her husband, Nasib Singh had preferred their claim petitions before the learned Tribunal for grant of compensation due to injuries suffered by them in a road accident on 26.07.2015 at Devsol Morh NHW-IA, Ramban. Respondent No. 1-Insurance Company contested the said claim petitions and the learned Tribunal vide two different awards each dated 11.07.2020 awarded the compensation of Rs. 3,24,800/- and 14,87,359/- in favour of the appellants Simple Devi and Nasib Singh respectively under the following heads: Simple Devi

(3.) The appellant Simple Devi in the appeal has stated that the learned Tribunal has wrongly assessed the income of the appellant as Rs. 6000/- per month, whereas the fact remains that the income of the appellant stands fully established as Rs. 10,000/- per month and further that the learned Tribunal has also wrongly assessed loss of future earning by deducting one-third of the monthly income towards personal income as the said deduction is not permissible in injury cases. It is further stated that the learned Tribunal has failed to grant compensation on account of increase in future prospects. It is also stated that the appellant-Simple Devi has suffered from paraplegia of the body and she will require two attendants throughout her life as the appellant is not able to move/walk anymore. It is also submitted that the learned Tribunal has awarded very meager amount under the head pain and suffering as the appellant is still under treatment, as such, the appellant has prayed that the present award may kindly be enhanced.