MARGINA BIBI Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Birendra Kumar and learned counsel for the Insurance Company, Mr. D.C. Ghose. Appellants / claimants namely, (i) Smt. Margina Bibi (ii) Suleman Khan @ Bablu (Minor) (iii) Raiyesh Khan (Minor) (iv) Sabnam Khatun (Minor) (minors are represented through their natural guardian mother Smt. Margina Bibi,) (v) Md. Abdul Khan and (vi) Smt. Taibun Nisha, have preferred this appeal for enhancement of Award dtd. 15/9/2014 passed by learned District Judge-IX-cum-MACT, Dhanbad in Title (M.V.) Suit No. 137/2010, whereby claimants have been awarded compensation to the tune of Rs.4,02,000.00 after deducting Rs.50,000.00 which has already been paid under Sec. 140 of Motor Vehicles Act along with interest @ 6% per annum from the date of filing of this case till the date of recovery.

(2.) Learned counsel for the appellants has submitted that the claimants have claimed the income of the deceased to be Rs.7500.00 per month, but the learned Tribunal has wrongly considered the notional income of the deceased as Rs.3,000.00 per month contrary to the judgment passed by the Apex Court in the case of Chameli Devi & Others Vs. Jivrail Mian & Others reported in 2019 (4) TAC 724 (SC), where the Apex Court has considered the income of deceased, who was a Carpenter for the incident took place in the year 2002 to be Rs.5,000.00in absence of any documentary evidence, as such, this Court may consider the same.

(3.) Learned counsel for the appellants has further submitted that the learned Tribunal has not granted future prospect of the deceased contrary to the judgment passed by the Apex Court passed in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. (paragraph-59.4) reported in (2017) 16 SCC 680. Since the deceased died at the age of 35 years, as such, the claimants are entitled for 40% of the future prospect.