THE NEW INDIA ASSURANCE CO.LTD. Vs. KALABAI

JUDGEMENT

(1.) This miscellaneous appeal is filed by the new india assurance Co. Ltd. under Sec. 173(1) of the Motor Vehicles Act, 1988. This appeal is arisen out of the award dtd. 17/2/2021 passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) Bagli, District- Dewas in Claim Case No.07/2018 on account of reduction of compensation.

(2.) The date of accident negligence and issue of liability is not disputed however, the finding recorded by the Tribunal is not in question. As per the finding of the Tribunal in the case of death of Suresh, the amount of compensation has been allowed accepting the earning of Rs.4,500.00 per month with total amount of compensation is Rs.5,63,600.00 with interest.

(3.) Learned counsel for the appellant being aggrieved by award filed this appeal on the ground that Tribunal grossly erred in holding both the applicants/respondents as dependency on the earnings of the deceased. Inspite of clear admission of respondent No.2 Geetabai after the death of Suresh his wife went to her father's house and got remarried. As such the only dependent could be Geetabai mother of the deceased, and therefore the deduction for personal expenses could not be exceeded to 50%. He further submitted that Tribunal further erred in not considering that respondent No.1 kalabai did not appear before the Tribunal, which clearly shows that kalabai got remarried and she was not dependent on the deceased. On this ground the new india assurance Co. Ltd. seek the reduction of the compensation which was awarded by the Tribunal.