UNITED INDIA INSURANCE CO. LTD. Vs. TANVI JAIN

JUDGEMENT

(1.) These appeals are filed by the claimants being aggrieved of award dtd. 21/1/2020, passed by learned II Addl. Motor Accident Claims Tribunal, Bhopal (M.P.), in M.A.C.C.No.2080/2016 and M.A.C.C.No.2084/2016, respectively, by the Insurance Company and the owner and driver of the offending vehicle.

(2.) The issue involved in these appeals is that Insurance Company has disputed the award on the ground that in para 20 of the award, learned Claims Tribunal has taken into consideration income of the deceased at Rs.43,960.00 per month which is contrary to the Form-16, produced on record as Ex.P/6. Owner and driver has filed these appeals on the ground that direction to the Insurance Company to pay the compensation and recover from the owner and driver is erroneous and that be set aside.

(3.) After hearing learned counsel for the parties and going through the record, so far as income computation is concerned, Ex.P/6 i.e. Form No.16 only makes mention of net taxable salary and not of the gross salary. Tribunal has referred to Ex.P/11 to arrive at gross salary and has taken that into consideration. Therefore, clerical error in not mentioning the relevant documents as are enclosed and available on record, will not give a ground to the Insurance Company to dispute the amount of compensation saying that the income was wrongly computed and calculations were incorrectly made.