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2017 Supreme(Jhk) 1838

AMITAV K.GUPTA
Branch Manager, The New India Assurance Company Limited – Appellant
Versus
Sushanti Minz – Respondent


Advocates Appeared:
Mr. Manish Kumar, Advocate., for the Appellants/Appellants; Mr. D.P. Malityar, Advocate., for the Respondents-claimants

JUDGMENT

Amitav K. Gupta, J. - This appeal has been preferred against the judgment dated 13.11.2014 passed by the Presiding Officer, Motor Vehicles Accident Claims Tribunal (for short M.A.C.T), Ranchi, in Compensation Case No. 139/2009, directing the appellant New India Assurance Company Limited to pay the compensation of Rs. 18,99,750/- less the amount, if any, paid as interim compensation under section 140 of the M.V.Act with interest @ 9% per annum from 20.11.2009 till the realization of the amount.

2. The appellant Insurance Company has assailed the quantum of the award. Learned counsel for the appellant Insurance Company has submitted that the court below has committed error in computing the compensation by assessing the income of the deceased on the basis of revised salary of Rs. 17,036/-. Learned counsel has also assailed the judgment on the ground that the Tribunal has erred in adding 15% of the income towards future prospect while relying on the decision rendered in the case of Reshma Kumari & Ors. v. Madan Mohan & Ano. reported in [(2013) 9 SCC 65 ]. Learned counsel has submitted that Hon''ble Supreme Court in the case of Reshma Kumari (supra) has upheld the decision rende

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