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2022 DIGILAW 1405 (SC)

Shashi Kant v. Oriental Insurance Company Limited

2022-09-06

S.ABDUL NAZEER, V.RAMASUBRAMANIAN

body2022
ORDER 1. Delay condoned. 2. We have heard learned counsel for the parties. 3. One Rahul Yadav died in a motor vehicle accident occurred on 01.05.2012 at Village Vhiknawas, District Hissar, Haryana. His legal representatives filed claim petition before the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi. The Tribunal, on appreciation of the materials on record, awarded a total compensation of Rs.16,03,032/- with interest at the rate of 10% per annum from the date of filing the petition till the date of its realisation. 4. In an appeal filed by the claimants, seeking enhancement of compensation, the High Court awarded a total compensation of Rs.19,93,000/-, out of which Rs.17,68,000/-was towards loss of dependency. 5. The claimants have filed these special leave petitions seeking enhancement of compensation. It is contended that they are entitled to 40% of Rs.17,68,000/- (the compensation awarded towards loss of dependency) towards loss of future prospects. 6. It is not in dispute that the deceased was aged 25 years. In view of the Constitution Bench Judgment in National Insurance Company Limited v. Pranay Sethi and Others - (2017) 16 SCC 680 the appellants are entitled to 40% of the amount awarded towards loss of dependency for loss of future prospects which comes to Rs.7,07,200/-. 7. Therefore, we direct the respondent-Insurance Company to deposit a sum of Rs.7,07,200/- with interest at the rate of 6% per annum from the date of the filing of the petition till the date of deposit of the same with the Tribunal within a period of four weeks from today. 8. The special leave petitions are accordingly disposed of. 9. Pending Application, if any, also stand disposed of.