NATIONAL INSURANCE COMPANY LTD Vs. BIRMA DEVI

JUDGEMENT

(1.) Babu Ram @ Babu Lal, then aged 49 years, died due to injuries suffered in a motor vehicular accident that occurred on 07.07.2007 due to negligent driving of motor vehicle described as one bearing registration No. UP-78T-4291, admittedly insured against third party risk with the appellant (insurer) for the period in question. On the accident claim case (MACT Suit No.285/10), instituted on 28.02.2008 by his wife and five other members of the family dependent upon him, they being first to sixth respondents herein (collectively, the claimants), the Tribunal held inquiry and, by judgment dated 04.07.2012, awarded compensation in the total sum of Rs.13,41,328/-, fastening the liability on the appellant (insurer) to pay with interest at 7.5% per annum, calculating it thus: ...[VARNACULAR TEXT OMITTED]...

(2.) The finding about the driver of the insured vehicle having been negligent has remained unimpeached and unchallenged and has attained finality. The insurer, by the present appeal, questions the calculation of the compensation submitting that there is no basis to the conclusion of the Tribunal that the deceased was earning Rs.7,500/- per month and that the addition of future prospects of increase in income to the extent of 50% was inappropriate.

(3.) The appeal was put in the list of 'Regulars' as per order dated 26.07.2016. On it being called out on its own turn, there is no appearance on behalf of the claimants. The counsel for the insurer/appellant has been heard and the record perused.