NEW INDIA ASSURANCE CO. LTD. Vs. MADHU BALA.

JUDGEMENT

(1.) This is an appeal by the New India Assurance Company Limited against the award dtd. 22/9/2017 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal") in file No.145/C titled Madhu Bala and others v. New India Assurance Co. Ltd. and ors., whereby the Tribunal has awarded a sum of Rs.20,26,000.00 to the respondent-claimants. The appellant has assailed the impugned award only on the question of quantum.

(2.) It is urged by the learned counsel for the appellant that the Tribunal has erroneously taken the monthly income of the deceased as Rs.10,000.00, more so when there was no evidence brought on record by the claimants to substantiate the same. The amount awarded by the Tribunal on account of loss of consortium, loss of love and affection and funeral expenses have been challenged on the ground that the same are not in tune with the law laid down by the Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi and others; AIR 2017 SC 5157 .

(3.) The cross objections have been preferred by the claimants for enhancement of the award amount. The only plea taken for enhancement of the award amount by the cross objectors is that the Tribunal has not awarded any sum on account of loss of future prospects. In the instant case going by the age of the deceased which is 32 years, there should have been increase in the annual income by 40%, as provided in the case of Pranay Sethi (supra).