BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUSHANTI MINZ AND OTHERS
LAWS(JHAR)-2017-4-108
HIGH COURT OF JHARKHAND
Decided on April 03,2017

Branch Manager New India Assurance Company Limited Appellant
VERSUS
Sushanti Minz And Others Respondents

JUDGEMENT

Amitav K. Gupta, J. - (1.) This appeal has been preferred against the judgment dated 13.11.2014 passed by the Presiding Officer, Motor Vehicles Accident Claims Tribunal (for short M.A.C.T), Ranchi, in Compensation Case No. 139/2009, directing the appellant New India Assurance Company Limited to pay the compensation of Rs.18,99,750/- less the amount, if any, paid as interim compensation under section 140 of the M.V. Act with interest @ 9% per annum from 20.11.2009 till the realization of the amount.
(2.) The appellant-Insurance Company has assailed the quantum of the award. Learned counsel for the appellant-Insurance Company has submitted that the court below has committed error in computing the compensation by assessing the income of the deceased on the basis of revised salary of Rs.17,036/-. Learned counsel has also assailed the judgment on the ground that the Tribunal has erred in adding 15% of the income towards future prospect while relying on the decision rendered in the case of Reshma Kumari & Ors. v. Madan Mohan & Ano., 2013 9 SCC 65. Learned counsel has submitted that Hon'ble Supreme Court in the case of Reshma Kumari has upheld the decision rendered in the case of Sarla Verma, 2009 6 SCC 121, wherein it has been held that no addition of future income should be made in case the deceased is aged more than 50 years. It is argued that since the awarded compensation is not in consonance with the ratio of Reshma Kumari case , hence, it should be modified and reduced in accordance to the settled principle.
(3.) Learned counsel for the respondent-claimants has supported the judgment and submitted that no illegality or infirmity has been committed by the Tribunal in computing the compensation on the basis of the revised pay and addition of 15% of the income towards future prospect.;


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