The New India Assurance Co. Ltd. v. Nirdesh Devi and 6 Others
Case brief
What is this about?
Held, allowing the appeal in part, the court reduced the future prospects percentage from 50% to 40% in accordance with Pranay Sethi, adjusted the total compensation amount, and ordered the remission of the appellant's deposit to the tribunal for adjustment.
What did the court decide?
Award modified to Rs. 14,10,361/- (reduced by Rs. 45,800/-); prayer to remit Rs. 25,000/- deposit to tribunal allowed.
What the court decided
Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 30 of 2021
Appellant :- The New India Assurance Co. Ltd. Respondent :- Nirdesh Devi And 6 Others Counsel for Appellant :- Saurabh Srivastava Counsel for Respondent :- Vijay Bahadur Shivhare
Hon'ble Vivek Agarwal,J.
- Heard Sri Saurabh Srivastava, learned counsel for the appellant-insurance company and Sri Vijay Bahadur Shivhare, learned counsel for the claimants-respondents.
- This appeal has been filed by the insurance company being aggrieved of award dated 18.09.2020 passed by learned Motor Accident Claims Tribunal, Hamirpur in M.A.C.P. No. 19 of 2019.
- This appeal has been filed on two grounds namely, income of the deceased has been assessed at Rs. 6,000/- (six thousand rupees) per month, which is on the higher side and learned claims tribunal has awarded future prospects @ 50%, which is in violation of the law laid down by Hon'ble Supreme Court in case of National Insurance Company Limited Vs. Pranay Sethi and others as reported in (2017) 16 Supreme Court Cases 680, inasmuch as deceased was admittedly working as a cleaner on a truck, which met with an accident and there was no documentary evidence to support that he was in a regular and a permanent job, therefore, 50% addition could not have been made towards computation of future prospects. In fact in terms of the provisions contained in Para 59.4 of the judgment in Pranay Sethi (supra), only 40% addition is admissible towards future prospects. This argument in regard to future prospects is not disputed by Sri Vijay Bahadur Shivhare and accordingly award needs to be modified and is modified.
Issues for consideration
3 issues framed by the court
Whether the award should be reduced because the claimed future prospects percentage exceeded the limit prescribed for a deceased cleaner.
Whether the computed disposable income and consequent total compensation require modification.
Whether the amount deposited by the appellant in compliance with Section 173 of the Motor Vehicles Act should be remitted to the tribunal.
Parties & counsel
- appellant
The New India Assurance Co. Ltd.
- respondent
Nirdesh Devi And 6 Others
Coram
Vivek Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- FAFO/30/2021
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