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2021 Supreme(Raj) 1042

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
MAHENDAR KUMAR GOYAL, J.
Mamta Devi and Others - Appellants
Versus
Jailal Sankhala and Others - Respondents
S.B. Civil Miscellaneous Appeal No. 2102 of 2016
Decided On : 21-01-2021

Advocates Appeared:
For the Appellants : Mr. Hemant Kumar for Mr. Rameshwar Sharma
For the Respondents: Mr. Virendra Agrawal through VC

Headnote:

Motor Accidents - Claims - Compensation -Appellants contended that learned Tribunal has erred in not awarding compensation keeping in view future prospects of enhancement in income of deceased – Compensation payable to appellants be re-assessed taking into consideration future prospects of enhancement in income of deceased – Held, Learned counsel for appellants relied upon judgment of the Hon'ble Apex Court of India in case of National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, in support of his contentions - Appeal is allowed in aforesaid terms.

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

This appeal is directed against the judgment dated 17.11.2015 passed by the Motor Accidents Claims Tribunal, Jaipur Metropolitan, Jaipur (for brevity “the learned Tribunal”) whereby, while deciding the claim petition filed by the appellants-claimants, a compensation of Rs. 15,65,000/- has been awarded.

2. Assailing the findings of the learned Tribunal qua Issue No. 2, learned counsel for the appellants contended that the learned Tribunal has erred in not awarding compensation keeping in view the future prospects of enhancement in income of the deceased.

3. He submitted that the compensation payable to the appellants be re-assessed taking into consideration the future prospects of the enhancement in the income of the deceased. Learned counsel for the appellants relied upon the judgment of the Hon'ble Apex Court of India in case of National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, in support of his contentions.

4. Learned counsel or the respondent-Insurance Company, in all his fairness, admitted that in view of law laid down by the Hon'ble Apex Court of India in case of National Insurance Company Limited (supra), the compensation needs to be reassessed keeping in view the future prospects of rise in the income of the deceased; but, he submitted in the same vein that in the light of law laid down therein, the multiplier adopted by the learned Tribunal of 16 is required to be reduced to 15 in view of age of the deceased and the compensation payable under conventional heads is also required to be reduced from Rs. 1,00,000/- to Rs. 70,000/-.

5. Heard learned counsels for the parties and perused the record.

6. In view of the law laid down by the Hon'ble Apex Court of India in case of National Insurance Company Limited (supra), the compensation payable to the appellant is re-assessed as under.

7. 10,000-1/4 =7500 × 12 × 15 =13,50,000 + 40% future prospects i.e. 5,40,000 = 18,90,000 + 70,000 = 19,60,000 - 15,65,000 (amount awarded) = Rs. 3,95,000/-. Thus, the appellants are held entitled for further compensation of Rs. 3,95,000/-. Rest of the conditions of the award dated 17.11.2015 are maintained.

8. The appeal is allowed in the aforesaid terms.

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