ORIENTAL INSURANCE CO. LTD. Vs. ANITA GUPTA

JUDGEMENT

(1.) VIDE the present appeal, the appellant/Insurance Company has assailed the award dated 03.04.2010, whereby the learned Tribunal has granted compensation for an amount of Rs.38,75,000/ - with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(2.) MR . L.K.Tyagi, learned counsel appearing on behalf of the appellant submitted that the compensation awarded by the learned Tribunal is excessive, exorbitant and the same is not in accordance with the settled principles of assessment of compensation laid down by the Apex Court and this Court.

(3.) LEARNED counsel further submitted that income of the claimant was taken at Rs.15,000/ - per month without any proof or record and the same is on higher side. The claimant had not filed any documents except the certificates alleged to be issued by the Bankers showing some FDRs in the names of her children. Even otherwise, the income of a person cannot be proved from the amount deposited in the FDRs unless the source of said money is proved on record.