NEW INDIA ASSURANCE COMPANY LTD ; MAMTA JOSHI & OTHERS Vs. MAMTA JOSHI & OTHERS; FAHEEM AHMAD & OTHERS

JUDGEMENT

(1.) Both these appeals are interconnected as have arisen out of the same judgment and order dated 17.10.2011 rendered by the Tribunal in MACP No. 224/2008, hence are being taken up together for common verdict.

(2.) As regards the factual controversy raised by the learned Counsel of the insurance company regarding the validity of driving license and other aspects, these have already been discussed by this Court with its findings thereon in those aforementioned appeals decided on 12.8.2016. So, such controversy does not require to be discussed here again. I make applicable the findings, given by this Court in those appeals, for these two cases as well.

(3.) Now, coming to the question of quantum, it transpires that the deceased Harish Chandra Joshi, a man of 45 years, lost his life in this accident leaving behind four dependents. Learned Tribunal has taken up rupees five thousand per month as basic amount for evaluation of the whole compensation on the ground that the deceased was running the business of tent house under the name and style of "Kumaon Tent House". The place where he used to carry on his business is a small town Barhani in District Udham Singh Nagar. This tent house is still being run by his dependants.