NEW INDIA ASSURANCE CO LTD Vs. POOJA BHATIA

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 29.11.2010, whereby the learned Tribunal has granted compensation in favour of the respondents/claimants and against the appellant/Insurance Company as under:-

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has mainly argued that the learned Tribunal has failed to appreciate the fact that neither any eye witness nor any other witness had been produced to prove the negligence on the part of the driver of the offending vehicle, inspite of the fact that the claim petition has been filed under Section 166 r/w S. 140 of the Motor Vehicles Act, 1988 (for short 'the Act'). He argued that to prove the negligence, onus was on the claimants and not on the appellant/Insurance Company, however, the learned Tribunal has failed to consider this aspect.

(3.) LEARNED counsel submitted that PW3, Sh. Pushpender Singh, who has proved the salary certificates of the deceased for the months of May, 2007 to September, 2007 as Ex. PW3/1 to 5, which show that the deceased was getting a salary of Rs.15,600/- per month. He submitted that the learned Tribunal has considered the total salary as it is without deducting any allowance applicable as per Rules. Moreover, the said certificates do not prove/show as to how much were the salary and the deductions therein.