NEW INDIA ASSURANCE CO. LTD Vs. FARISHA IQBAL

JUDGEMENT

(1.) THE Insurance Company has come forward with this Appeal challenging the award of the Motor Accidents Claims Tribunal granting an amount of Rs.22,47,500/-.

(2.) THE learned counsel appearing for the appellant restricted his argument towards the quantum alone. The accident is admitted. The liability is admitted. According to the appellant, in the accident took place, the deceased V.K.H.Mohammed Ali Iqbal was driving his vehicle and a lorry coming from the opposite direction came in a rash and negligent manner, dashed on the van, which was driven by the deceased. The deceased died on the spot.

(3.) THE next contention of the petitioner was that since it is only service oriented Industry, namely, utilising the vehicle for earning, there is no difficulty for the wife or the mother to continue the business, as the vehicle is intact. Therefore, the loss of income is not there. Though the third petitioner is arrived at a party, he is the brother-in-law, under law he is not entitled to be a legal representative and rightly, the Court below has rejected his part of claim.