NATIONAL INSURANCE CO LTD Vs. MEERA DEVI

JUDGEMENT

(1.) PRADEEP Kant, J. Heard Sri Kuldeep Shanker Amist learned Counsel for the appellant and Sri Ram Singh learned Counsel for the respondents.

(2.) THERE is no dispute between the parties that the permission under Section 170 of the Motor Vehicles Act was not obtained by the appellant before the Tribunal. The appeal has been filed by the Insurance Company, which cannot be permitted to raise any ground which is not covered under the provisions of Section 149 (2) of the Motor Vehicles Act.

(3.) IT is on record and a proven fact the dependence of a sum of Rs. 1,500/- per month of the family on the deceased was there. The deceased was shown to be of 30 years of age on the date of death. Taking his life span into consideration and multiplying the same with 18, which is applicable to the case in question, on calculation the amount comes to Rs. 3,18,000/ -. Besides the deceased has four minor children out of whom one was born after his death. The Tribunal has rightly grant Rs. 4,00,000/ -.