SUBHADRA PANDEY Vs. SIDDHARTH AGRAWAL

JUDGEMENT

(1.) Heard Sri Vidya Kant Shukla, learned counsel for the appellant and Sri Rajiv Ojha, learned counsel for the respondent and perused the record.

(2.) This appeal, at the behest of the claimant, challenges the judgment and award dated 11.12.2017 passed by Additional District Judge, Court No.14/Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 284 of 2014 awarding a sum of Rs.70,000/-with interest at the rate of 7% as compensation.

(3.) Brief facts as they emerge are that the deceased was 62 years of age at the time of accident which is not in dispute. The claimant was the sole surviving legal heir of the deceased is also not in dispute. The deceased was a retired railway employee and was getting pensions. The pension was halved and the widow was getting Rs.14,000/- which shows that she lost Rs.14,000/- because of the said demise of her husband. The Tribunal has awarded only Rs.70,000/- as per the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others,2017 0 Supreme(SC) 1050 holding that there was no loss of income.