UNITED INDIA INSURANCE CO. LTD Vs. SHANTA

JUDGEMENT

(1.) VIDE the present appeal, the appellant/Insurance Company is assailing the judgement dated 02.03.2012, whereby the learned Tribunal has granted a sum of Rs.8,51,528/- as compensation with interest at the rate of 7.5% per annum from the date of filing of the petition till realization in favour of the respondents/claimants.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that, the deceased Sumit Kumar was a young boy of 19 years at the date of accident, i.e., 19.11.2009, who left behind his widowed mother and three sisters. He submitted that the learned Tribunal while granting compensation has deducted only 1/3rd towards personal expenses of the deceased, whereas in a case of bachelor, half of the income should have been deducted towards the same.

(3.) ON the other hand, learned counsel for the respondent Nos. 1 to 4/claimants while refuting the same has submitted that the widowed mother of the deceased was a daily wager and not in permanent job, therefore, she cannot be treated as self employed. Moreover, at the time of the accident, all three sisters were unmarried and two of them have been married after the deceased suffered fatal injuries in the accident in question. Therefore, the relevant fact has been taken by the learned Tribunal while deducting 1/3rd of the income of the deceased towards personal expenses.