ORIENTAL INSURANCE CO LTD Vs. HALIMABEN HASANBIN ARAB

JUDGEMENT

(1.) IN connection with the vehicular accident that occurred on 12.03.2005 involving the vehicles (Ambassador car ) bearing registration No. GJ-4-V-3303 in which Hasanbin Umarbin died, the legal heirs of the deceased filed M.A.C.P. No.263/2005 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal (Aux), FTC No.2, Jamnagar. The said claim petition came to be disposed of by judgment and award dated 15.01.2007 whereby, the claim petition was partly allowed and respondents no.1 to 5, original claimants, were awarded total compensation of Rs.5,13,500/- along with interest at the rate of 7.5% per annum from the date of application till its realization with proportionate costs. Against the said award, the present appeal has been preferred.

(2.) IT has been contended on behalf of appellant-Insurance Company that the Tribunal has erred in not deducting the personal expenses while calculating the income of the deceased. Reliance has been placed on a decision of the Apex Court in the case of /National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43 and in the case of National Insurance Co. Ltd. v. Shyam Singh & Ors., AIR 2011 SC 3231./.