NATIONAL INSURANCE CO. LTD Vs. LAURETTA SHASHI MOGALE

JUDGEMENT

(1.) This appeal is preferred by the appellant-Insurance Company against the judgment and award passed by Motor Accident Claims Tribunal, Pune, (for short "the Tribunal").

(2.) The claimants have filed cross-objection for enhancement of compensation. Hence, I am deciding the appeal and cross-objection by this common judgment.

(3.) It is the contention of learned counsel for the appellant that while calculating compensation, the Tribunal has considered arrears of salary of the deceased and, on that basis, compensation is awarded, which is not proper. Learned counsel further submitted that the accident occurred due to contributory negligence of the deceased. In the postmortem report, it is mentioned that there was smell of alcohol. It shows that deceased was under the influence of liquor but this fact is not considered by the Tribunal. After the order of the Tribunal, respondents/claimants have produced the Chemical Analysis Report before this Court which states about non-presence of poison and it does not mention about alcohol. It shows that at the time of accident, deceased was under influence of alcohol. Learned counsel further submitted that the Tribunal has observed that Chemical Analysis Report is not on record, hence, it was burden on the Insurance Company to prove that deceased was under the influence of liquor. Hence, requested to allow the appeal. He relied :