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2019 DIGILAW 2520 (RAJ)

Dhanna v. Devi Singh

2019-09-18

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - This misc. appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred claiming the following reliefs: "1. That the appeal may kindly be allowed and the award may kindly be enhanced suitably. 2. That the interest may kindly be awarded at the rate of 12% from filing of the claim petition. 3. That, any other or further reliefs which may be deemed to be just and proper in the facts and circumstances of the case may kindly be allowed. 4. That the cost may kindly be allowed." 2. The factual matrix of the award is not disputed. On request of this Court, learned counsel for both the parties have jointly provided recalculation of the award in question in view of the judgment of the Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, (2017) AIR SC 5157 , which reads as follows :- Monthly income 1800/- "Future Prospects : 1800+720(40%) 2520/- Dependency: 2520-504 (1/5) 2016/- Multiplier: 2016x12x17 411264/- 70000/- 481264/- - 284400/- 196864/- 3. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.1,96,864/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. 4. The appeal is accordingly disposed of. All pending applications also stand disposed of.