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2016 Supreme(All) 1815

KRISHNA MURARI, PRASHANT KUMAR
U. P. STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
SHYAM BIHARI – Respondent


Advocates Appeared:
Sanjeev Kumar Yadav for the Appellant.

JUDGMENT

By the Court.—This appeal under Section 173 of the Motor Vehicles Act has been filed by U.P. State Road Transport Corporation challenging the judgment and award dated 7.5.2016 passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act)/Additional District Judge, Azamgarh awarding a sum of Rs. 7,03,500/- with simple interest at the rate of 6% per annum as compensation on death of one Sunil Singh in an accident involving the bus of the appellant.

2. Sole ground pressed before us, during the course of argument, is that Tribunal has wrongly awarded future prospect, even though the deceased was in private employment working on fixed wages and the claimants failed to establish his regular monthly salary. It is further submitted that the question of grant of future prospect to self-employed or person working on fixed wages, has been referred for adjudication to a larger Bench in the case of National Insurance Company v. Pushpa, S.L.P. (C) No. 16735 of 2014 vide order dated 2nd July, 2014.

3. The question of grant of future prospect, in cases, where the deceased was self-employed or was drawing a fixed salary, has been drawing the attention of the Hon’ble Apex Court in various




























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