ORIENTAL INSURANCE CO LTD Vs. JAAMBAI

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the Insurance Company being aggrieved by award dated 01.09.2012 passed by the Court of First Additional Member to First Additional Motor Accident Claims Tribunal, Guna in Claim Case No.15/2011.

(2.) The only ground to contest the claim is that income of the deceased, who was a vegetable vendor, has been wrongly computed at Rs.300/- per day merely on the basis of the statements given by claimant No. 1- Jaambai. It is submitted that this statement has been accepted on the touch-stone of the fact that she was not effectively cross-examined on the aspect of income and therefore, the compensation needs to be revised downward.

(3.) It is submitted that as per the law laid down in the case of United Insurance Company Vs. Vesta as reported in 1992 (I) MPWN Short Note 193, wherein it has been held as under: