- (1.) The present appeal has been filed by Reliance General Insurance Company Limited challenging the Award dated 02.05.2014 passed by the learned Motor Accident Claims Tribunal, Hisar, whereby a sum of Rs. 25,48,000/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization along with costs of the petition was granted as compensation to the widow, minor son and the parents of Sanjay (since deceased).
(2.) Mr.Subhash Goyal, learned counsel for the appellant has raised the following two contentions:- i) that 50% annual income of Sanjay (since deceased) has been wrongly added as future prospects in view of Rajesh and Others vs. Rajbir Singh & Ors, 2013 3 RCR(Civ) 170, however, the said matter has been referred to a larger Bench by a Division Bench of Hon'ble the Supreme Court in the matter of National Insurance Company Limited vs. Pushpa and Others, Special Leave to Appeal No.8058 of 2014. ii) the claim petition was filed by the widow, the minor son and the parents of Sanjay (since deceased) . The father of the deceased was not entitled to get compensation and, as such, instead of deduction of 1/4 th for personal expenses, the learned Tribunal should have deducted 1/3 rd income for personal expenses of Sanjay (since deceased).
(3.) I have heard the learned counsel for the appellant and with his able assistance gone through the material available on record.;