ORIENTAL INSURANCE CO LTD Vs. PARVATI DEVI

JUDGEMENT

(1.) The appeal is directed against the judgment dated 25.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 7,02,000/- was awarded in favour of Respondents no.1 to 6 (the Claimants before the Claims Tribunal) for the death of Narender Kumar, who suffered fatal injuries in a motor vehicular accident which occurred on 25.08.2009 at 3:00/3:15 a.m.

(2.) On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligence act of the driver to the Tata Canter bearing registration no.HR-67-0588. It was claimed that the deceased was working as a supplier of gas cylinders. The deceased's income was claimed to be Rs. 12,000/- per month. In the absence of any documentary evidence with regard to deceased's employment, the Claims Tribunal proceeded to award compensation on the basis of the minimum wages of an unskilled worker.

(3.) The following contentions are made by the learned counsel for the Appellant:-