SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. VIJAY LAXMI
LAWS(HPH)-2021-2-9
HIGH COURT OF HIMACHAL PRADESH
Decided on February 24,2021

Shriram General Insurance Company Ltd. Appellant
VERSUS
VIJAY LAXMI Respondents

JUDGEMENT

VIVEK SINGH THAKUR, J. - (1.) This appeal has been preferred by Insurance Company against award passed by Motor Accident Claims Tribunal, Shimla (in short 'MACT'), whereby MACT has awarded compensation for a sum of Rs.13,38,500/- along with interest Whether Reporters of Local Papers may be allowed to see the judgment? Yes thereon @ 7.5% per annum from the date of filing of claim petition till realization of whole amount, to be payable by appellant/Insurance Company to respondent No.1 and her children as apportioned in the impugned award.
(2.) I have heard learned counsel for contesting parties and have also gone through record.
(3.) First issue raised by learned counsel for appellant is that addition of 15% of income of deceased in his income for the purpose of determining amount of compensation is wrong particularly in view of ratio of pronouncement of Apex Court in National Insurance Company Limited vs. Pranay Sethi, reported in 2017(4) ACJ 2700: AIR 2017 SC 5157: (2017)16SCC 680, reiterated in Civil Appeal No 2705 of 2020 titled United India Insurance Co. Ltd. vs. Satinder Kaur and others decided on 30 th June, 2020. It is contended that in view of above referred judgments of the Supreme Court coupled with facts of present case, only 10% of the income could have been added for the purpose of calculation of amount of compensation payable.;


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