SUNITA DEVI Vs. SHAKTI SINGH

JUDGEMENT

(1.) Both these appeals arise out of the judgment and award of compensation in Motor Vehicle Claim Case No.30/2010 whereby and whereunder the compensation of Rs.6,47,000.00 has been awarded with 9% interest per annum under Sec. 166 of the Motor Vehicle Act, for the death of Pankaj Kumar aged 35 years in a motor vehicle accident, involving a bus bearing registration no.JH 9E 2290.

(2.) Claimant is in appeal for enhancement of compensation in M.A. No.419 of 2014, whereas the Insurance Company in M.A. No.363 of 2014 is against the award of compensation on the ground that it was excessive.

(3.) It is submitted by the learned counsel on behalf of the claimant that the deceased was running a small restaurant with a monthly income of Rs.10,000.00, whereas the learned Tribunal has taken Rs.5000.00 as his income. Further, no award has been made under the head of future prospect, and under conventional head only Rs.7000.00 has been awarded which is not as per the ratio laid by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680.