ORIENTAL INSURANCE COMPANY LIMITED Vs. M. ANDALU

JUDGEMENT

(1.) CHALLENGING the award dated 14.10.2009 in O.P.No.791 of 2007 passed by the Chairman, M.A.C.T -cum -XXII Additional Chief Judge, City Criminal Court, at Hyderabad (for short the Tribunal), the appellant/Insurance Company preferred the instant appeal.

(2.) THE factual matrix of the case is thus:

(3.) A ) Learned counsel for appellant challenged the award mainly on two grounds. Firstly, he argued that the Tribunal erred in accepting the entire pension amount of Rs.6,000/ - of the deceased as loss to the family members for computation of compensation. He vehemently argued that on the death of pensioner, his wife will get 50% as family pension and so, in real terms the loss to claimants is only 50% out of Rs.6,000/ - i.e. Rs.3,000/ -. Therefore, the Tribunal ought to have taken Rs.3,000/ - as net income and from this it ought to have deducted 1/3rd towards personal expenditure and computed the compensation.