NATIONAL INSURANCE COMPANY LIMITED Vs. SAKAL DEO SHARMA

JUDGEMENT

(1.) The appellant- National Insurance Company Limited is in appeal against the judgment and Award of compensation passed by learned

(2.) The facts are not in much dispute and it is also not disputed that the offending vehicle being Tata 709 bearing Registration No.JH09D - 4935 was under the insurance cover of appellant- National Insurance Company Limited at the relevant time of accident.

(3.) The instant Misc. Appeal has been preferred mainly on the ground that the learned Tribunal has erred in computing compensation by applying the deduction of 1/3rd instead of 50% as the deceased was a bachelor, and further compensation of Rs.2.00 Lakh has been awarded under the conventional head, which is not in accordance with the principle as laid down in the case of National Insurance Company Ltd. vs Pranay Sethi, reported in (2017) 16 SCC 680. Further penal interest has also been awarded which is also not in accordance with the settled law by the Apex Court.