Court No. - 53

Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. -

1012 of 2018

Appellant :- United India Insurance Co. Ltd.

Respondent :- Chunna Singh And 2 Ors

Counsel for Appellant :- Amit Singh

Counsel for Respondent :- V.K.S. Somvanshi

Hon'ble Vivek Agarwal,J.

Heard Sri Amit Singh, learned counsel for the appellant and Sri

V.K.S. Somvanshi, learned counsel for the respondent.

Order on Civil Misc. Delay Condonation Application No. 1

of 2018

There is delay of 64 days in filing the appeal. For the reasons

stated in the application duly supported by an affidavit, delay is

condoned.

Order on Appeal

Sri Amit Singh has filed this appeal under Section 173 of the

Motor Vehicles Act, 1988 being aggrieved by award dated

12.03.2018 passed by learned Motor Accident Claims Tribunal,

Court No. 7, Kanpur Nagar on the ground that learned claims

tribunal has erred in computing 50% of the income towards

future prospect in place of 40% inasmuch as the deceased was

admittedly not in a permanent salaried job. Secondly, it is

submitted placing reliance on judgment of Hon'ble Supreme

Court in case of Kishan Gopal and another vs. Lala and other

as reported in 2014 (1) SCC 244 that in case of chi