Premwati vs Oriental Insurance Co. Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1829

VIPIN CHANDRA DIXIT
Premwati – Appellant
Versus
Oriental Insurance Co. Limited – Respondent

Advocates appeared:
For the Appellant : Bansh Narain Rai, Mohd. Naushad Siddiqui and Shreesh Srivastava
For the Respondent: Amaresh Sinha

JUDGMENT

Vipin Chandra Dixit, J.

Heard Sri. Achintya Kumar, Advocate holding brief of Mr. Mohd. Naushad Siddiqui, learned counsel for the appellants and Sri. Anubhav Sinha, Advocate holding brief of Sri. Amaresh Sinha, learned counsel for the Insurance Company-respondent no.1. Perused the record.

2. This first appeal from order has been filed by the appellantsclaimants against the judgment and award dated 21.3.1997 passed by VIII Additional District Judge/Motor Accident Claims Tribunal, Kanpur Nagar in M.A.C.P. No.201 of 1995 (Smt. Premwati & others v. The Oriental Insurance Company Limited and two others) awarding compensation of Rs. 2,00,000/- alongwith 12% interest to the claimants on account of death of Ram Kishor Pandey.

3. It is submitted by learned counsel for the appellants that the Claim Tribunal has erred in calculating the compensation accepting the monthly income of the deceased as Rs. 2,000/-, whereas Hon'ble Apex Court in the case of Laxmi Devi & Others v. Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.) has provided notional income as Rs. 3,000/- per month. The Claims Tribunal has not awarded any amount in terms of future prospects whereas the claimants