DIBYAJYOTI MORAN Vs. MANOJ KR. LADIA

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, the counsel appearing on behalf of the appellant as well as Mr. R. Goswami, counsel appearing on behalf of the Respondent No.3 and Mr. S. Dutta, counsel appearing on behalf of the Respondent No.5.

(2.) The instant appeal arises out of the award dtd. 11/6/2012, whereby, the Tribunal below had awarded 50% of the compensation of an amount of Rs.13,21,150.00 (Rupees thirteen lakhs twenty one thousand one hundred fifty) along with interest @ 6% per annum from the date of filing of the claim petition. Being aggrieved by the quantum of compensation and more particularly on the ground i.e. deduction of the compensation on account of contributory negligence by 50% and for not calculating the loss of future prospects in accordance with the principles laid down by the Constitution Bench of the Supreme Court in the case of National Insurance Co. Ltd Vs. Pranay Sethi (2017) 16 SCC 680, the appellant has preferred the instant appeal before this Court.

(3.) Vide the impugned award, the Respondent No. 3 was saddled with the liability of payment of 50% of the compensation of an amount of Rs.13,21,150.00 (Rupees thirteen lakh twenty one thousand one hundred fifty) along with interest @ 6% per annum from the date of the claim petition. The Insurance Company, however, have not challenged the adjudication of the compensation. Under such circumstances, this Court is called upon to decide as to whether the deduction by 50% of the compensation amount Rs.13,21,150.00 (Rupees thirteen lakh twenty one thousand one hundred fifty) on the ground of contributory negligence and whether the loss of future prospects have been correctly calculated are the questions, which needs to be adjudicated upon.