NATIONAL INSURANCE CO LTD Vs. MAMTA & ORS

JUDGEMENT

(1.) The instant appeal is preferred against the impugned award dated 01.06.2011, whereby the learned Tribunal has granted compensation for an amount of Rs.22,31,031/- with interest at the rate of 8% per annum from the date of filing of the claim petition till realization of the amount.

(2.) Learned counsel appearing on behalf of the appellant/Insurance Company submits that the claimants have stated in the claim petition that the deceased was a shopkeeper and was earning a sum of Rs.12,500/- per month. They have placed on record the Income Tax Returns (for short 'ITR') of the deceased for the year 2006-07, which is Ex.PW1/6. The said ITR was filed on 12.11.2006, i.e., prior to the date of accident which occurred on14.03.2007. As per the said ITR, the deceased was earning Rs.1,22,400/- per year. Accordingly, the average income was taken as Rs.10,200/-. However, while calculating the loss of dependency, the learned Tribunal on being considered the previous year ITR presumed the increase in income in current year to some extent, has assessed the income of the deceased as Rs.11,500/- per month.

(3.) Learned counsel further submits that the learned Tribunal has erred in presuming more income of the deceased, whereas additional income in the actual income of the deceased for future prospects has also been added by it.