National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
6) Shri Raje, learned Counsel appearing for
the appellant - insurance company, submitted that
in absence of any document produced by the witness
examined by the claimants, evidencing the salary
amount, merely relying on his oral statement, the
Tribunal ought not to have held the salary income
of deceased Anil to be proved by the claimants.
The learned counsel further submitted that in the
circumstances, the Tribunal must have held the
income of the deceased by applying the criterion of
notional income and in such circumstances, should
have held the income of the deceased to the extent
of Rs. 3,000/- per month. The learned counsel
submitted that the Tribunal has thus erred in
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FA St. No.11577/2018
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awarding the unreasonable amount of compensation.
In so far as application of multiplier; deduction
of the amount towards personal expenses etc. are
concerned, the learned counsel has not raised any
dispute. The learned counsel further submitted
that the Tribunal has awarded the amount of
Rs.2,75,000/- towards non-pecuniary damages and in
view of the judgment of the Hon'ble Apex Court in
the case of National Insurance Company Ltd. Vs.
Pranay Sethi and Ors. - (2017) 16 SCC 680, it is
too exorbitant and no amount of more than Rs.
70,000/- was liable to be awarded under the head of
non-pecuniary damages. The learned counsel,
therefore, prayed for appropriate modification in
the impugned judgment and award.