- (1.) Leave granted.
(2.) The appellants preferred a claim seeking compensation under Section 166 of the Motor Vehicles Act, 1988 from the respondent Insurance Company. The appellants are the widow and the other family members of Gurdial Singh, aged 26 years, who died in a motor vehicular accident on 3rd September, 2016. By a judgment dated 06th November, 2013 (modified order dated 13.12.2013), the Motor Accident Claims Tribunal (MACT) awarded a compensation of Rs.12,83,544/-? @ 7.5% interest per annum. The MACT computed the income of Gurdial Singh who was a driver at Rs.3,736/-? per month. 50% of his monthly salary was added towards future prospects. The High Court reduced the compensation from Rs.12,83,544/-? to Rs.10,24,000/-? while considering the appeal filed by the Insurance Company.
(3.) The High Court did not award any amount towards future prospects. In National Insurance Company Limited versus Pranay Sethi [(2017(16) SCC 680], this Court held that the claimants are entitled to an addition of 40% of the established income of the deceased towards future prospects where the deceased was below the age of 40 years. The learned counsel for the Insurance Company submits that there is no evidence on record to prove the income of the deceased.;