SMT. KASTOORI BAI Vs. JAWAHAR SINGH

JUDGEMENT

(1.) This Misc. Appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act being aggrieved by award dated 01.03.2012 passed by the Court of 14th Additional Motor Accident Claims Tribunal, Gwalior, in claim case No. 26/2012.

(2.) Learned counsel for the appellants has pressed for two issues; One that in the light of the law laid down by Hon'ble Supreme Court in Case of National Insurance Company Ltd. Vs. Pranay Sethi and Others as reported in 2017 MACD 137, claimants are entitled to a further sum of Rs. 58,000/- under miscellaneous heads of loss of consortium, love and affection, pain and agony etc. inasmuch as the law laid down in case of Pranay Sethi (supra) has fixed the quantum of said claim at Rs. 70,000/- cumulatively against which the appellants have been awarded only a sum of Rs. 12,000/-.

(3.) As there is no quarrel about aforesaid proposition, this deserves to be accepted and is accepted and is directed that the claim amount shall stand enhanced by a sum of Rs. 58,000/- and will attract the same rate of interest as has been awarded by the Claims Tribunal i.e. 6% per annum from the date of filing of the claim petition i.e. 17.08.2010.