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2021 Supreme(HP) 17

VIVEK SINGH THAKUR
Shriram General Insurance Company Ltd. – Appellant
Versus
Vijay Laxmi – Respondent


Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate.
For the Respondents:Ms Kamlesh Shandil and Mr.Rakesh Chauhan, Advocates, Mr. Malay Kaushal, Advocate.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. This appeal has been preferred by Insurance Company against award passed by Motor Accident Claims Tribunal, Shimla (in short ‘MACT’), whereby MACT has awarded compensation for a sum of Rs.13,38,500/- along with interest thereon @ 7.5% per annum from the date of filing of claim petition till realization of whole amount, to be payable by appellant/Insurance Company to respondent No.1 and her children as apportioned in the impugned award.

2. I have heard learned counsel for contesting parties and have also gone through record.

3. First issue raised by learned counsel for appellant is that addition of 15% of income of deceased in his income for the purpose of determining amount of compensation is wrong particularly in view of ratio of pronouncement of Apex Court in National Insurance Company Limited vs. Pranay Sethi, reported in 2017(4) ACJ 2700: AIR 2017 SC 5157: (2017)16 SCC 680, reiterated in Civil Appeal No 2705 of 2020 titled United India Insurance Co. Ltd. vs. Satinder Kaur and others decided on 30th June, 2020. It is contended that in view

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