LAWS(DLH)-2019-12-111

NASIM Vs. TATA AIG GEN INSURANCE CO LTD

Decided On December 13, 2019
NASIM Appellant
V/S
Tata Aig Gen Insurance Co Ltd Respondents

JUDGEMENT

(1.) These appeals impugn the award of compensation dated 26.04.2018 passed by the learned MACT in MACP No. 5265/16 (Old. MACP No. M-15/13).

(2.) MAC.APP. 676/2018 impugns the award of compensation on various grounds:-

(3.) What emanates from the above is that for taking into consideration a claim of Rs. 45,000/- as monthly earnings, the learned Tribunal has gone into the gamut of documents, as well as ledger books brought on record by the claimant. It particularly, saw the photographs of the shops/offices from where the deceased had carried out his business of supply of building material. It has also taken into consideration the repayment of the deceased's motor-cycle financed by HDFC Bank. Having taken into consideration the various documents, the learned Tribunal assessed and accepted the claim at only 44.44% i.e. Rs. 20,000/- per month i.e. Rs. 2,40,000/- annually, instead of an amount of Rs. 5,40,000/- which would have been the case if the entire claim of Rs. 45,000/- per month was accepted. The learned Tribunal assessed the claim on material available before it and had rejected 55.56% of the claim. There is no occasion to reduce the said assessment. The appellant's contention is baseless and is rejected.