NATIONAL INSURANCE CO LTD Vs. PAMILA DEVI

JUDGEMENT

(1.) THE present appeal is preferred against the award of the Motor Accident Claims tribunal dated 21. 2. 2004

(2.) THE factual scenario in the nutshell is as follows:-On 10. 12. 97, deceased Ashok Kumar was going to his house after closing his shop at peeragarhi on his two wheeler scooter bearing registration No. DL 2s F 9578 along with his elder brother Mr. Pradeep Kumar as pillion rider. At about 7. 45 a. m. when they reached rohtak Road, Opposite Transport Centre, near Petrol Pump, a blue line bus bearing registration No. DL 1p 2917, driven in a rash and negligent manner by Shri Satish Kumar hit the aforesaid two wheeler scooter from behind and as a result, both of them fell down and Sh. Ashok Kumar died on the accident spot while Sh. Pradeep Kumar received injuries on his legs besides multiple abrasions. Two claim petitions were filed on 3. 2. 98 and were disposed of by way of a common award dated 21. 2. 2004 Aggrieved with the said award, present appeal has been preferred by the appellant insurance company.

(3.) BY way of this appeal, the appellant has assailed the finding of the Tribunal, primarily on the ground that the Tribunal has wrongly taken into consideration the gross profit of the firm for arriving at the income of the deceased who was one of the partners in M/s. Deepak iron Store. The contention of the counsel for the appellant, Mr. L. K. Tyagi, is that it is only the net profit of the partner which should have been taken into consideration for calculating the dependency and not the gross profit