CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. Vs. DULAL CH. DAS

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge a judgment and award dated 23rd April, 2018 passed by the Motor Accident Claims Tribunal, Gomati Judicial District, Udaipur.

(2.) . Brief facts are as under:

(3.) . Appearing for the insurance company, learned counsel Mr. P K Ghosh submitted that the deceased was aged barely about 16 years at the time of accident. There was no evidence of his gainful engagement. The Tribunal could not have treated him as an unskilled labourer since he was not yet 18 years of age. He also objected to the Tribunal awarding Rs.2,30,000/- under conventional heads submitting that the same was not in consonance with the decision of Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and others reported in (2017) 16 SCC 680.