ORIENTAL INSURANE CO LTD Vs. LAJJAWATI

JUDGEMENT

(1.) HEARD Mr. N. K. Srivastava, learned counsel for the appellant and perused the order of the Motor Accident Claims Tribunal.

(2.) LEARNED Counsel for the appellant has assailed the impugned award dated 8-12-2006 of the Motor Accident Claims Tribunal/ additional District Judge, Court No. 1, Budaun passed in Motor Accident Claims Petition no. 8 of 2004. Learned Counsel for the appellant has assailed the impugned award mainly on the ground that in the absence of any documentary evidence in respect to the income of the deceased the maximum salary ought to have been taken as Rs. 3,200/- per month but the learned Tribunal has erred in law by computing his salary as Rs. 4,700/-per month placing reliance on the Apex Court judgment in Deepal Girish Bhai Soni and others v. United Insurance Co. Ltd. , Baroda

(3.) HE further contended that the accident was on account of the negligence of driver and thus the Insurance Company would not have been responsible for payment of compensation under Section 163-A of the act and placed reliance on a Division Bench judgment of Hon'ble Karnataka High Court in appaji (Since Deceased) and another v. M. Krishna and another.