NATIONAL INSURANCE CO. LTD. Vs. NEERU DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The Insurance Company has in the above case raised only the question of the exorbitant award made on an unconscionable computation of the income of the deceased. The undisputed facts are that the deceased, whose legal representatives were the claimants, wife and three children, died in a motor accident on 29/8/2017. The deceased was driving a vehicle which was hit by another vehicle driven by the fifth respondent at a very high speed and in a rash and negligent manner. The Tribunal framed two issues; whether, the death was caused by the fatal injuries caused in the road traffic accident and the quantum of compensation entitled to the legal representatives. On the issue of death caused in the road traffic accident, there is no dispute raised and the dispute is only on the computation of monthly income.

(3.) The learned counsel appearing for the appellant/Insurance Company would point out that the computation of Rs.95,000.00 (Rupees Ninety-five Thousand only) as monthly income of the claimant is without any basis. A person who had an income of Rs.95,000.00 (Rupees Ninetyfive Thousand only) per month would definitely be liable to pay income tax. There were no income tax returns produced by the claimants. The contention raised based on the loan account produced was that the deceased was paying EMI to the extent of almost Rs.42,500.00 (Rupees Forty-two Thousand Five Hundred only) per month, for the two trucks he owned, in which event his income would have been double the EMI paid. There is no basis for such an assumption, and the computation of annual income is on mere surmises and conjectures, argues the learned Counsel for the insurer. It is also submitted that a perusal of the accounts produced by the claimants itself would indicate that there were 15 defaults committed by the deceased which would clearly indicate that he was not getting a regular income to even pay up the EMIs in time.