LAWS(RAJ)-2019-4-354

MOHAMMED AARIF Vs. KALURAM SAINI

Decided On April 30, 2019
Mohammed Aarif Appellant
V/S
Kaluram Saini Respondents

JUDGEMENT

(1.) Appellants have filed this appeal, challenging the award dtd. 20/9/2018 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

(2.) Learned counsel for the appellants has submitted that the appellants are the sons and father of deceased Abdul Hameed. Tribunal has erred in deducting half out of the income of the deceased towards his personal expenses, whereas, l/3rd was liable to be deducted towards personal expenses of the deceased. Appellants have not been granted compensation with regard to loss of future prospects of the deceased. In support of his arguments, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in case of National Insurance Company Limited Versus Pranay Sethi and others AIR 2017 (SC) 4973, wherein, it was held as under:-

(3.) Learned counsel for respondent no.3, has opposed the appeal.