SAROJ DEVI Vs. NEW INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dtd. 23/8/2022 passed by the Motor Accident Claims Tribunal, Shrimadhopur, District Sikar (for short 'The Tribunal') in Case No.28/2018, whereby the Tribunal has awarded a sum of Rs.75,82,718.00 along with interest @ 6% per annum from the date of filing the claim petition as compensation in favour of the claimants.

(2.) Learned counsel for the claimants submits that the Tribunal had committed error in deducting the amount of Rs.5,00,000.00 received by the claimants as Central Benevolent Fund and Rs.5,00,000.00 as PMSP (Accidental Insurance). Learned counsel for the claimants also submits that the Tribunal had also committed error in awarding the amount of Rs.16,600.00 towards loss of consortium and love & affection, whereas it should be Rs.40,000.00 for each claimant. So, judgment and award of the Tribunal be modified accordingly.

(3.) Learned counsel for the claimants has placed reliance upon the judgment of Hon'ble Apex Court in the case of Sebastiani Lakra & Ors. Vs. National Insurance Company Limited reported in (2019) 17 SCC 465.