SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. MANISHA

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award passed by Member, Motor Accident Claim Tribunal, Beed the present appeal is preferred by original respondent No.2-Insurance Company.

(2.) Brief facts of the case are as under:-

(3.) The learned counsel for the appellant has raised two grounds in his submission; 1)sole negligence of deceased; and 2) quantum of salary of the deceased considered by the tribunal is on higher side. It is the contention of the learned counsel for the appellant that the accident was occurred due to sole negligence of the deceased. The deceased first gave dash to the divider and fell on ground. Thereafter, he came under the wheel of truck. Spot panchanama also corroborates that the accident was occurred near divider. The learned counsel for the appellant further submits that the salary of deceased considered by the tribunal is on higher side. The evidence of PW-2 shows that deceased was getting less salary. But, the tribunal has considered Rs.9000.00 salary which is inappropriate and on that basis calculations are done. Salary slip shows deceased was getting salary of Rs.6483.00. If the professional tax of Rs.75.00 is deducted from it, it comes to Rs.6308.00. But, this salary was not considered by the learned tribunal and it is considered as Rs.9000.00 which is on higher side.