The main legal point established in the judgment is that the deceased's contribution to both her matrimonial family and her parents' family warranted enhanced compensation, and the court applied the principles laid down in National Insurance Company Ltd. V/s Pranay Sethi and others and New India Assurance Company Ltd. Vs Sunil Parashram Garud and others to determine the compensation amount.

JUDGMENT

1. The present appeal is preferred by the appellants who are the original claimants for enhancement of the compensation which is granted by the Member, Motor Accident Claims Tribunal, Chandrapur in MACP No. 175/2010 on 11/07/2019.

2. Brief facts, which are necessary to decide the appeal are as follows :-

The deceased Minal w/o Anuj Khandloya, is the wife of the appellant No.1 and daughter of the appellant Nos. 2 and 3 and the sister of appellant No.4. At the time of accident, she was aged about 22 years and was a business woman as well as pursuing her studies and her yearly income was Rs.2,10,000.00.

3. On 13/3/2010, at about 9.15 a.m., deceased Minal was proceeding from Civil Lines, Chandrapur towards the house of one Mr Sudhir Heda on two wheeler namely Dio bearing Registration No. MH-34-Q-620. She was driving her two wheeler in a moderate speed after observing the traffic rules and regulations. When she reached near old Warora Naka Chowk, at the relevant time, offending truck bearing No. HGV MH-34 M-6845, came in a rash and negligent manner without observing traffic rules and regulations, and was proceeding towards railway over bridge, gave dash to the two wheeler of Minal. Due to severe dash, Minal died on the spot. As per the contention of the appellants i.e original claimants that, the truck was driven by its driver in a rash and negligent manner without observing the traffic rules and regulations. The said truck was owned by opponent no.2 driven by opponent no.1 and validly insured with opponent No.3/National Insurance company. Regarding the said accident, the crime was registered vide CR no. 68/2010 at Chandrapur Police Station against the truck driver. As the said accident has taken place, due to rash and negligent driving of truck driver which was owned by the opponent No.2 and validly insured with opponent No.3. Opponent Nos.1 to 3 are jointly and severely liable to pay compensation.

4. As per the contention of the claimants the deceased had very bright academic carrier. She was studying in Third Year degree course of Bachelor of Architecture in Smt. Manorabai Mundle College of Architecture Nagpur. She was hard working ambitious and sincere girl. She had completed foundation course in Auto-Cad in June-2010. She had further completed foundation course in 3D modeling and animation in the year June-2008. She was having a promising future and earning capacity. She was doing the business of editing photographs, using Photo-shop Software and was earning income to the tune of Rs.1,50,000.00 to 2,10,000/-, She was also income tax payee. Her marriage with the applicant No.1 took place on 17/06/2009, and she met with an accident on 13/03/2010. The applicant no.1 has lost the company of his wife within one year of marriage. Thus, the claimants claim the compensation of Rs.21,50,000.00 towards loss of income and Rs.50,000.00 damages and mental suffering, loss consortium etc.

5. The said application is strongly opposed by the respondent No.3/ Insurance Company. Admittedly, the respondent Nos.1 and 2 have not contested the claim. As per the contention of the insurance company, the accident took place due to the negligence of deceased as she was talking on mobile phone and driving the vehicle by one hand. She was also not wearing the helmet while driving the two wheeler. Thus she has contributed for the said accident and therefore, she is not entitled for any compensation. Learned trial Court has recorded the evidence, and after recording the evidence, awarded the compensation @ Rs.9,47,500.00.

6. Being aggrieved and dissatisfied with the judgment and award passed by the learned trial court, the present appeal is preferred by the original claimants, on the ground that learned Claims Tribunal had not considered the income of the deceased and inadequate compensation amount was awarded. It is further submitted on behalf of the appellants that, future prospects in view of the judgment of the Hon'ble Apex Court was not taken into c