Sahayak Kshetriya Prabandhak Lucknow City Transport Service v. Shani Singh and Another
Motor Vehicles Act – First appeal under Section 173
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 4), FIRST APPEAL FROM ORDER No. 170 of 2018, decided 26.2.2024 by Hon'ble Rajnish Kumar, J. First appeal under Section 173 of the Motor Vehicles Act against MACT/Additional District Judge/Special Judge (Essential Commodities), Barabanki award dated 27.11.2017 in Motor Accident Claim Petition No. 288 of 2015 (Shani Singh vs Sahayak Kshetriya Prabandhak, Lucknow City Transport Service Ltd). Sole issue: quantum of addition towards future prospects for a 21-year-old self-employed deceased (accident dated 22.06.2015) - 40% per para 61(iv) of National Insurance Company Ltd vs Pranay Sethi, AIR 2017 (SC) 5157, versus 50% allowed by the Tribunal; respondent no.1 conceded. Award modified: future prospects Rs.3,11,040/- in place of Rs.3,88,800/-; total compensation Rs.11,83,320/- with interest as allowed by Tribunal; appeal partly allowed, no costs; statutory deposit remitted to Tribunal within four weeks. Keywords: future prospects, self-employed deceased, Pranay Sethi, modification of MACT award, compensation enhancement/reduction, FAFO.