GUDDI Vs. NEW INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) Heard counsel for the appellant and perused the record.

(2.) Claimant appellant has filed this appeal challenging the award dated 29.11.2004 passed by the Motor Accident Claims Tribunal, court no. 1, Firozabad, in M.A.C.P. No. 294 of 2003, Smt. Guddi and others Vs. The New India Insurance Company Ltd. and others, by which the Tribunal has awarded a sum of Rs. 2,38,000/- against respondent no. 1- the New India Insurance Company Ltd., Branch Divisional Manager, Dayalbagh road, Agra, alongwith interest at the rate of 6 % per annum from the date of filing of claim petition till the date of its payment.

(3.) The award has been assailed by the counsel for appellant on the ground that compensation for the loss of consortium to the appellant is very less and the method of calculation of monthly income of the deceased is arbitrary and illegal. According to the counsel, income of the deceased was proved by documentary evidence but it has been ignored by the Tribunal and as such the compensation awarded deserves to be enhanced.