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2020 Supreme(Kar) 1254

N.S.SANJAY GOWDA
V. Vimala – Appellant
Versus
Sunil Kumar – Respondent


Advocates Appeared:
Shripad V Shastri, Advocate

JUDGMENT

N.S.Sanjay Gowda, J. - The claimants, being dissatisfied with the compensation of Rs.7,65,000/-, are in appeal.

2. In this case, the factum of the accident is not in dispute and it is also not in dispute that the vehicle in question was not insured and therefore, no liability is fastened against the Insurance Company.

3. The Tribunal by the impugned award has granted a sum of Rs.7,65,000/- as a compensation for the death of one V.Suresh. In determining the said compensation, the Tribunal has taken the income of the deceased at Rs.5,000/- per month and applied the multiplier of 16' to arrive the figure of Rs.7,20,000/-.

4. It is the contention of the learned counsel for the appellants that the Tribunal ought to have added future prospects in accordance with the decision of the Apex Court in the case NATIONAL INSURANCE COMPANY LIMITED Vs. PRANAY SETHI, (2017) 16 SCC 680 . He also submits that the sums awarded on the other heads are also inadequate and required to be enhanced.

5. Notice of this appeal against the 1st respondent-Driver was held sufficient and notice to the 2nd respondent was dispensed with.

6. The Apex Court in Pranaya Sethi's Case referred to supra has held th

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