NEW INDIA ASSURANCE CO. LTD Vs. SARDAR BEGUM

JUDGEMENT

(1.) CHALLENGING the award dated 12.08.2009 in M.V.O.P.No.1560 of 2006 passed by the Additional Metropolitan Sessions Judge for the trail of JHCBBC -cum -Additional Family Court -cum -XXIII Additional Chief Judge, Hyderabad (for short the Tribunal), the 2nd respondent in the OP/New India Assurance Company Limited preferred the instant appeal.

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

(3.) LEARNED counsel for appellant impugned the award mainly on the ground that the Tribunal while calculating the compensation for loss of dependency did not deduct the pension and other terminal benefits received by the family members of the deceased and if those benefits are deducted from the salary of the deceased, the compensation would have been decreased considerably. Nextly, he argued that the two sons of the deceased are majors and hence they are not his dependents and they do not deserve compensation. He thus prayed to allow the appeal.