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2019 Supreme(SC) 2212

L.NAGESWARA RAO, HEMANT GUPTA
Rani Kaur – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
Mr. Vikas Singh Jangra, Advocate, Mr. Amit Kumar Pathak, Advocate, for the Appellant; Mr. P.K. Seth, Advocate, Mr. Pankaj Seth, Advocate, Ms. Manjeet Chawla, Advocate, Mr. Nitin Jain, Advocate, Ms. Anisha Jain, Advocate, Ms. Isha Jaiswal, Advocate, Mr. O.P. Chitkara, Advocate, Dr. (Mrs. ) Vipin Gupta, Advocate, for the Respondent

ORDER

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 3 rd September, 2016. By a judgment dated 06 th 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. 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 of40% of the established income of the deceased towards future prospects where the deceased was below the age of 40 years.

3. The learned counsel for the Insurance Company submits that there is

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