NATIONAL INSURANCE COMPANY LIMITED Vs. ABDUL AHAD NAJAR

JUDGEMENT

(1.) Challenge in this Appeal is thrown to Award dated 29 th November 2016, passed by Motor Accident Claims Tribunal (for short "Tribunal") on a claim petition bearing File no.121/2012, titled Abdul Ahad Najar and others v. Abdul Lateef Matt and others, on grounds enumerated therein.

(2.) Heard and considered.

(3.) Learned senior counsel appearing for appellant Insurance Company has stated that though contention that driver of offending vehicle was not having valid and effective licence at the time of accident, was taken by appellant Insurance Company before the Tribunal, yet the Tribunal has not taken into account the said contention of appellant while passing impugned Award. According to him Tribunal has wrongly relied upon judgement passed in National Insurance Co. Ltd v. Rameez Ahmad Nanda, SLJ 2015 (1) 45, as in the said case it has been held that light motor vehicle (LMV) will cover both Passenger Vehicle and Light Goods Vehicle and therefore, was not applicable to the facts of the present case. He has also averred that Tribunal has wrongly taken income of deceased as Rs.6500.00 and has also wrongly added 50% on account of future prospects, whereas in terms of law laid down by the Supreme Court in National Insurance Company Ltd v. Pranay Sethi and others, AIR 2017 SC 5157, an addition of 40% of established income should be added where deceased is below the age of 40 years. According to him Funeral Expenses of Rs.15,000.00 ought to have been granted instead of Rs.25,000.00.