- (1.) Present appeal has been filed by the appellant-Insurance Company under Section 173 of Motor Vehicle Act, 1988, against the judgment and award dated 16.09.2002 passed by the Motor Accident Claim Tribunal, Lakhimpur Kheri in Claim Petition No.38 of 2000 ( Smt. Sadhana Misra & others Vs. Ram Kishore & others).
(2.) The brief facts of the case are that on 08.01.2000, at about 8.30 morning Sri Chotey Lal Misra was going along with his son Saurabh on his motorcycle No.V.J. K. 3075 from Lakhimpur to Sitapur. A truck bearing No.UHT 999 was following them when they reached near village Aadha Chaat Jhabra, the said truck hit the motorcycle which resulted serious injuries to both the persons. It is alleged that the truck driver was driving carelessly, rashly and negligently. Both the injured persons were taken to the District Hospital Lakhimpur Kheri, where Sri Chotey Lal Misra has died. Being aggrieved, the claimants-respondents have filed the claim petition. The Tribunal after examining the entire evidence has awarded a total compensation of Rs.13,42,500/- along with the interest @ 9% per annum. Being aggrieved, appellant-Insurance Company has filed the present appeal.
(3.) With this background, Smt. Alka Verma, learned counsel for the Insurance Company submits that the amount awarded by the Tribunal is in excess and not in consonance with law laid down by the Hon'ble Apex Court. For this purpose, she relied on the ratio laid down in the case of Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another, 2009 6 SCC 121. She read out para-24 of the judgment which on reproduction reads as under:- "In view of the imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years. (Where the annual income is in the taxable range, the words "actual salary" should be read as "actual salary less tax"). The addition should be only 30% if the age of the deceased was 40 to 50 years. There should be no addition, where the age of the deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardise the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances.";