BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. PREETI

JUDGEMENT

(1.) THESE are two Cross-Appeals. The MAC APP No.747/2010 is filed by Bajaj Allianz General Insurance Co. Ltd. seeking reduction of compensation of Rs. 10,89,002/- awarded for the death of Sunny aged 22 years who died in a motor accident which occurred on 03.04.2010. In Cross-Objections registered as MAC APP No.277/2011, the Respondents No.1 to 4 seek enhancement of compensation on the ground that the increase of 50% towards future prospects ought to have been given on the deceased's income of Rs. 6,000/- per month. For the sake of convenience, Bajaj Allianz General Insurance Co. Ltd. shall be referred to as the Appellant and the Respondents No.1 to 4 who have filed the Cross-Objections as the Claimants.

(2.) THE Claims Tribunal by impugned judgment took the deceased's income to be Rs. 4214/- per month on the basis of the salary certificate collected by the I.O. while filing the Detailed Accident Report before the Claims Tribunal; and added 50% towards future prospects to compute the loss of dependency.

(3.) DURING inquiry before the Claims Tribunal, the First Respondent filed her affidavit Ex.PW1/A and entered the witness box as PW1. She deposed that the deceased was getting a salary of Rs. 6,000/- per month. She proved the deceased's ESI Card as Ex.PW1/1. In cross-examination, she admitted that the salary slip for March, 2010 issued by the Frontier Biscuit Factory showed that his salary was Rs. 4214/- per month. She testified that her father-in-law was not working. No evidence was produced by the Appellant to rebut PW1's testimony that the deceased's father was not earning.