NEW INDIA ASSURANCE CO. LTD Vs. NILOFAR PARVEEN

JUDGEMENT

(1.) The appellant-insurance company by the present appeal has called in question the legality and correctness of the judgment and award dated 11th July, 2014 passed by the District Judge No.6 and Member, M.A.C.T., Amravati in Motor Accident Claim Petition No. 392 of 2010 to the extent the salary calculated by the learned Tribunal while computing the net income of the deceased.

(2.) The facts leading to the present petition are that on 24th July, 2010 deceased Mohd. Arif was travelling in taxi bearing Registration No. MH27 C-5256 from Paratwada to Amravati. The said taxi gave violent dash to motor-bike 'Hero Honda' bearing registration no MH27 Y-7757 which was coming from the opposite direction. Thereafter said taxi gave dash to Indica bearing registration no. MH-32/C-2421 which was coming from Walgaon and proceeding towards Paratwada and turned turtle.

(3.) Deceased Mohd. Arif Ansari was seriously injured in the said accident and died in the hospital on 05.08.2010. Widow of deceased Mohd. Arif, his daughters and son approached to Motor Accident Claims Tribunal, Amravati by filing petition under Section 166 of Motor Vehicle Act, 1988, claiming compensation of Rs.55,35,000/-, however, it was restricted to Rs.50,00,000/-.