THE NEW INDIA INSURANCE CO. LTD. NOW REPRESENTED BY ITS ASST. MANAGER Vs. SAHIDHA, IBRAHIM, AZAM AND MR. M.D. SANKANAL

JUDGEMENT

(1.) THOUGH the appeal is listed today for orders, by consent of the learned counsel appearing on both sides, the matter is heard for disposal. The only grievance sought to be made out in this appeal by the insurer is that the Tribunal has committed serious error in reckoning the monthly income of the deceased at Rs. 4,500/ - and deducting only 1/3rd of the monthly income of the deceased towards living and personal expenses and in awarding interest at the rate of 8% pa.

(2.) THE learned counsel for the appellant -insurer vehemently contended that the Tribunal having held that the claimants have not proved the contention that the deceased was working as Supervisor in a society, has committed error in reckoning the monthly income at Rs. 4,500/ -. In this regard, the submission of the learned counsel is that since the accident occurred in the year 2010, and by considering the deceased as a coolie worker his monthly income ought to have been reckoned only at Rs. 3,000/ - and not Rs. 4,500/ -.

(3.) THE learned counsel appearing for the respondents -claimants sought to justify the award and sought for dismissal of the appeal.