NATIONAL INSURANCE CO LTD Vs. UMARANI

JUDGEMENT

(1.) This appeal and cross objection are preferred only against the quantum of compensation awarded by the Tribunal.

(2.) The accident occurred on 7/12/2010. The deceased died on 13/12/2010. The claimants 1 to 4 are widow, child and the aged parents. A claim was made for a sum of Rs.1.00 crore. The age of the deceased was 41 years at the time of accident. The Tribunal awarded Rs.49,90,000.00 by fixing the income at Rs.4,00,000.00 per annum, which is inclusive of Rs.3,00,000.00 which has been arrived at based upon the Income Tax returns with respect to the gross income and thereafter added Rs.1,00,000.00 towards the agricultural income. Deduction of one-fourth was made towards personal expenses and accordingly Rs.3,00,000.00 was arrived as annual contribution to the family. After adding the medical expenses and amounts under conventional heads, the aforesaid amount has been arrived at. Now, both the appeal and cross-appeal are with respect to the quantum as aforesaid.

(3.) Learned counsel appearing for the appellant would submit that the Tribunal has committed an error by adding agricultural income once again over and above the gross income. It is further submitted that no deduction has been made towards income tax.