NEW INDIA ASSURANCE CO LTD Vs. KAMALA DEVI

JUDGEMENT

(1.) -This appeal has been preferred by the insurance company challenging the judgment and order dated 2nd April, 2008, passed by the concerned Motor Accident Claims Tribunal, Fatehpur awarding a sum of Rs. 2,57,000 as compensation alongwith interest @ 6% thereon.

(2.) THE only one issue has been raised before us by the insurance company that there was no evidence with regard to the income of the deceased for a sum of Rs. 6,000 as accepted by the Tribunal. It appears to us that the claim petition was filed by the claimants under Section 166 of the Motor Vehicles Act, 1988. THE Court had arrived at such figure of compensation of Rs. 6,000 on the basis of oral testimony and after the deduction of Rs. 2,000, on being 1/3rd deduction of Rs. 6,000, arrived at figure of Rs. 4,000 and the compensation was awarded for Rs. 2,40,000 alongwith the funeral expenses etc. It is specifically recorded in the judgment itself that there was no denial or rebuttal on the part of the insurance company. THE insurance company has relied upon a judgment delivered by the Supreme Court in State of Harayana v. Jasbir Kaur, 2003 (3) TAC 569 : 2003 (4) AWC 3421 (SC), and said that when there is no material before the Tribunal to arrive at monthly income for the purpose of considering "just" compensation, it cannot be estimated.

(3.) HOWEVER, it is open for the insurance company to make any application for recovery of the compensation in the Tribunal in the self same proceeding when upon giving notice and adequate opportunity of hearing Court will consider the issue either way. But under no circumstances, the amount which has been directed to be paid to the claimants would be stalled.