NEW INDIA ASSURANCE CO LTD Vs. AMARESH KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.4.1990 of the Motor Accident Claims Tribunal in Suit No.385/1986 whereby the learned Tribunal has awarded a sum of Rs.3,81,000/- together with 9% interest from the date of filing of the petition till the date of realization.

(2.) The facts of the case as noted by the Tribunal are as follows:

(3.) It is contended by counsel for the claimants that the Tribunal went wrong in deducting 20% if the lumpsum payable on account of the wife of the deceased working in a Bank. He submits that it it a settled law that such a deduction cannot be made. He submits that the Tribunal has not taken into consideration the loss of consortium and, therefore, the order under challenge is bad.