ORIENTAL INSURANCE CO LIMITED Vs. PATASO

JUDGEMENT

(1.) By way of the present appeal, the appellant insurance company challenged the impugned award dated 10.9.2004 on the ground that the Tribunal has not properly assessed the income of the deceased. The second grievance of the appellant in the present appeal is that the Tribunal has granted compensation under general damages much in excess to the compensation laid down in the structural formula of the IInd Schedule of the Motor Vehicles Act.

(2.) Brief summary of facts of the case are that Sh. Ram Phal aged about 45 years died in a road accident on 11.1.2004 which was allegedly caused by Zakir Hussain while driving vehicle No. DL-ILD-6053 in a rash and negligent manner.

(3.) Mr. L.K. Tyagi, counsel appearing for the appellant contended that the claimants had claimed income of deceased to be at Rs.39,000/- per annum but no proof of the said income was placed by the appellant before the Tribunal. Counsel for the appellant invited the attention of this Court to para 11 of the impugned award, wherein, the Tribunal has observed that claimants have not filed any cogent evidence with regard to the income proof of the deceased.