- (1.) CM-17981-CII-2014 Prayer in this application is for condonation of delay of 100 days in filing the appeal. After hearing the learned counsel for the appellant and taking into consideration the grounds mentioned in the application which is supported by an affidavit, the same is allowed and the delay of 100 days in filing the appeal is hereby condoned. FAO-1120-2014
(2.) The present appeal has been filed by Shri Ram General Insurance Company Limited challenging the Award dated 02.08.2013 passed by the learned Motor Accident Claims Tribunal, Rewari, whereby an award of Rs. 15,48,500/- along with interest at the rate of 7.5% per annum was passed in favour of Smt.Vidya Devi, the mother of Naveen (since deceased).
(3.) Learned counsel for the appellant-Insurance company submits that the claimant, Shakuntala Devi, has failed to prove that her son, Naveen Kumar, was a computer operator and had a permanent job and thereby earning Rs. 13,000/- per month, therefore, the learned Tribunal had wrongly added 50% of the monthly income as future prospects. To elaborate his argument, he further submits that the salary certificate (Ex.P6) of Naveen s/o Rajinder Kumar was tendered by the lawyer representing the claimant, therefore, the learned Tribunal should not have taken the said certificate into consideration while holding the income of Naveen Kumar s/o Rajinder Kumar at the rate of Rs. 13,000/- per month. In support of his contention learned counsel has placed reliance on the judgment of Hon'ble the Supreme Court in the matter of Reshma Kumari and others vs. Madan Mohan and others, 2013 2 RCR(Civ) 660. He has also placed reliance on the judgment of Hon'ble the Supreme Court in the case of National Insurance Company Limited vs. Pushpa and Others, Civil Appeal No.8058 of 2014, decided on 31.10.2013, to assert that the Constitutional Bench of Hon'ble the Supreme Court in the matter of Rajesh and Ors. vs. Rajbir Singh & Ors., 2013 3 RCR(Civ) 170, has ignored the earlier judgments and, therefore, on the strength of said judgment, the award could not have been passed. He further submits that the verdict of Reshma's case should have been taken into consideration by the learned Tribunal while calculating the amount of award. I have heard the learned counsel for the appellant and with his able assistance gone through the material available on record.;