LAWS(MPH)-2008-10-54

NATIONAL INSURANCE COMPANY LTD Vs. SARLA

Decided On October 13, 2008
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
SARLA Respondents

JUDGEMENT

(1.) THIS is an appeal filed by Insurance Company (insurer) under Section 173 of Motor Vehicles Act, against an award dated 5th December, 2003 passed by IV -Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 80/2001.

(2.) BY impugned award, the Claims Tribunal partly allowed the claim petition of respondent Nos. 1 to 5 (claimant Nos. 1 to 5) and awarded a total sum of Rs. 6,19,000/ - to claimants for the death of one Ashok, who died in vehicular accident. According to appellant i.e. Insurance Company, the award of Rs. 6,19,000/ - is on higher side and hence it should be reduced to make it reasonable. It is contended that Tribunal erred in taking Rs. 4,500/ - p.m. to be the monthly income of deceased - Ashok. According to appellant, it is on higher side and could not have exceeded Rs. 2,500/ - p.m.

(3.) HAVING heard the learned Counsel for the parties and having perused the record of the case, we find no merit in this appeal.