Divisional Manager, New India Assurance Co. Ltd. v. Raj Kumar Fogla, son of Late Premchand Fogla
2023-02-17
SANJAY KUMAR DWIVEDI
body2023
DigiLaw.ai
JUDGMENT : Nobody has responded on behalf of the appellant insurance company in spite of repeated calls in M.A. No. 144 of 2015. Mr. A.K. Lall, learned counsel for the claimants-respondents in the said case is present. 2. It appears that the appellant insurance company has lost interest in the matter, as on several occasions, the matter was adjourned. 3. Accordingly, the M.A. No. 144 of 2015 is dismissed. 4. The statutory amount deposited by the insurance company shall be transmitted back to the learned tribunal to satisfy the award. 5. Mr. A.K. Lall, learned counsel appearing for the cross-objectors in C.O. No. 03 of 2021 submits that the said petition has been filed on behalf of the claimants, as the learned tribunal has failed to grant the future prospect in favour of the claimants, in view of the judgment of the Hon’ble Supreme Court in the case of National Insurance Company Limited Versus Pranay Sethi & Ors., reported in (2017) 16 SCC 680 . On that ground, he submits that the award may kindly be modified. He also submits that the conventional head is also required to be modified in view of the said judgment of the Hon’ble Supreme Court. 6. In view of such submission of Mr. Lall, learned counsel appearing for the cross-objectors, the court has perused the judgment of the learned tribunal and finds that learned tribunal has held that the claimants are entitled for Rs. 16,20,000+Rs.25000+Rs. 1,00,000/-, which comes to the total of Rs. 17,45,000/-. However, in view of the judgment of the Hon’ble Supreme Court in the case of Pranay Sethi (Supra), the future prospect was required to be provided to the claimants, which is lacking in the case in hand and looking into the age of the deceased as 18 years, 40% future prospect is required to be added in the award. Accordingly the court orders to add 40% future prospect in the said award of the learned tribunal. 7. The court further finds that under the conventional head, the learned tribunal has awarded a sum of Rs. 1,25,000/-, which is not in accordance with law and in view of the judgment of the Hon’ble Supreme Court, in the case of Pranay Sethi (Supra), the same is required to be modified to Rs. 70,000/-. Accordingly, the conventional head is also modified from Rs.1,25,000/-to Rs. 70,000/-. 8.
1,25,000/-, which is not in accordance with law and in view of the judgment of the Hon’ble Supreme Court, in the case of Pranay Sethi (Supra), the same is required to be modified to Rs. 70,000/-. Accordingly, the conventional head is also modified from Rs.1,25,000/-to Rs. 70,000/-. 8. The rest of the award is kept intact. 9. In view of the above modification, the aforesaid C.O. is allowed and disposed of. 10. The difference amount shall be released in favour of the claimants and the award of the learned tribunal shall be satisfied within eight weeks from the date of receipt / production of a copy of the order. 11. Let the Lower Court Records be sent back to the concerned court forthwith.