NATIONAL INSURANCE CO LTD Vs. NIRMALSINGH SAVINDERSINGH JAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and award dated 29/11/2011 passed by the Tribunal in Motor Accident Claim Petition No. 52 of 2000 whereby, the Tribunal has awarded the compensation of Rs.8,10,000/with interest @ 7.5% per annum.

(2.) THE short facts of the case appear to be that on 04/08/1999 when deceased Maheshgar Gunsai was going in his Ambassador car bearing registration No. MH01A5093 with his son and the father on National Highway No. 15, one truck bearing registration No. HR51GA1220 came from the opposite direction and dashed with the car. Resultantly, the deceased sustained serious injuries and ultimately, succumbed to the injuries. Such accident gave rise to claim petition being Motor Accident Claim Petition No. 52 of 2000 for compensation of Rs.25 lakhs before the Tribunal. The Tribunal, at the conclusion of the proceedings, passed the abovereferred judgment and award. Under the circumstances, present appeal before this Court.

(3.) THE only contention raised by the learned counsel appearing for the appellant insurance company was on the aspect of quantum of compensation awarded by the Tribunal. It was submitted that, on behalf of the claimants, no evidence was led supporting the statement that the deceased was having income of Rs.12,000/per month at the time of accident. The Tribunal, on notional basis without there being any material, assessed the income of the deceased at Rs.60,000/per annum, which was erroneous. In the submission of the learned advocate appearing for the appellant, the notional income, in any case, could not have exceeded the amount of Rs.3,000/per month. The learned counsel appearing for the appellant relied upon a decision of the Apex Court in the case of Laxmi Devi and Others Vs. Mohammad Tabbar and Another, 2008 AIR(SC) 1858 for contending that the income could be considered at Rs.3,000/per month. 3.1 Whereas, Mr. Vora, learned counsel appearing for the original claimants, supported the award passed by the Tribunal and he submitted that the compensation has been properly awarded and no interference may be made by this Court.