MAMTA DEVI Vs. JAILAL SANKHALA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 17/11/2015 passed by the Motor Accidents Claims Tribunal, Jaipur Metropolitan, Jaipur (for brevity "the learned Tribunal") whereby, while deciding the claim petition filed by the appellants-claimants, a compensation of Rs.15,65,000.00 has been awarded.

(2.) Assailing the findings of the learned Tribunal qua Issue No.2, learned counsel for the appellants contended that the learned Tribunal has erred in not awarding compensation keeping in view the future prospects of enhancement in income of the deceased. He submitted that the compensation payable to the appellants be re-assessed taking into consideration the future prospects of the enhancement in the income of the deceased. Learned counsel for the appellants relied upon the judgment of the Hon'ble Apex Court of India in case of National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) 16 SCC 680, in support of his contentions.

(3.) Learned counsel for the respondent-Insurance Company, in all his fairness, admitted that in view of law laid down by the Hon'ble Apex Court of India in case of National Insurance Company Limited (supra), the compensation needs to be reassessed keeping in view the future prospects of rise in the income of the deceased; but, he submitted in the same vein that in the light of law laid down therein, the multiplier adopted by the learned Tribunal of 16 is required to be reduced to 15 in view of age of the deceased and the compensation payable under conventional heads is also required to be reduced from Rs.1,00,000.00 to Rs.70,000.00.