UNITED INDIA INSURANCE CO. LTD. Vs. SHWETA

JUDGEMENT

(1.) This is an appeal filed by Insurance Company under Section 173(1) of Motor Vehicles Act, 1988, challenging the Judgment and Award dated 04.09.2012 made in MVC No. 197/2010 on the file of District Judge/MACT at Gadag.

(2.) Learned counsel appearing for the appellant submits that the Tribunal erred in taking salary of the deceased at Rs. 8,930/- per month, though the claimants failed to prove the same by examining the employer. She further submits that the Tribunal erred in adding 50% of actual salary towards future prospects and since the deceased has left three dependants, the Tribunal erred in deducting 1/4th instead of 1/3rd towards personal expenses of the deceased. Therefore, she submits that the Tribunal erred in awarding exorbitant compensation of Rs. 19,28,880/- towards loss of dependency.

(3.) Learned counsel for respondents/claimants submits that though the employer of the deceased was not examined to prove the salary, he has filed a memo along with appointment letter and terms and conditions of remuneration etc., along with a memo dated 22.01.2014. He submits that there is no merit in the appeal.