NATIONAL INSURANCE CO.LTD Vs. NIRMALADEVI

JUDGEMENT

(1.) This is an appeal filed by the appellant/insurer challenging the quantum awarded by the Tribunal pursuant to the death of the deceased, who died in the accident that occurred on 06.07.2012. The bus insured with the appellant/insurer dashed against the Maruti Omni Van driven by the deceased. Thus, we do not propose to go into the liability part.

(2.) Respondents 1 to 5 are the claimants. They are the wife, children and the mother of the deceased. Before the Tribunal, in the claim petition, it has been stated that the deceased was the Managing Partner of M/s.Shatex Lubrzole Activated Polymers, Coimbatore. He is a Post Graduate Engineer and was earning a sum of Rs.1,00,000/- per month.

(3.) Before the Tribunal, the claimants contended that the deceased was actually earning a sum of Rs.2,00,000/- per month. There are certain innovations by him, for which patents have been applied for. We may note that no Income Tax Returns of the deceased have been filed. The income-tax returns of the first claimant have been marked as Ex.X.1.