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2017 Supreme(All) 2589

SUDHIR AGARWAL, AJIT KUMAR
National Insurance Co. Ltd. – Appellant
Versus
Rajendra Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Sinha

JUDGMENT :

1. Heard Sri A.K. Sinha, learned counsel for appellant and perused the record.

2. This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as “Act, 1988”) has arisen from judgment and award dated 06.09.2017 passed by Sri Sanjay Kumar Verma, Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No. 3, Azamgarh in Motor Accident Claim Petition No. 180 of 2015 awarding compensation of Rs. 5,46,500/- with 7 per cent holding the appellant-Insurance Company to pay awarded amount of compensation to claimants-respondents with right to recover the said amount from owner of vehicle. Assailing the said award, learned counsel for appellant-Insurance Company contended that the deceased was house wife and therefore had no income at all. Her notional income has been assessed which cannot be said to be established income in the light of Constitution Bench judgment in National Insurance Company Limited Vs. Pranay Sethi and others 2017 (13) SCALE 12, therefore, unless the income is established and proved, notional income in respect to house wife ought not to have been taken into consideration and in any case future prospects to the extent of




































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