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2021 Supreme(Raj) 1042

MAHENDAR KUMAR GOYAL
Mamta Devi – Appellant
Versus
Jailal Sankhala – Respondent


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

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 n

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