JAHURA BEWA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THE instant appeal is arising out of an award passed in M.A.C. No. 185 of 2001 on 21st January, 2004. The said award has been challenged by the claimants on the ground that the learned Tribunal could not have absolved the New India Assurance Company Limited from paying the compensation and the owners of the respective offending vehicles from paying a lesser compensation.

(2.) THE other ground is that fixing Rs. 65/- as daily income for the purpose of computing the loss of earning and determining the compensation on that basis is abnormally low and in not in conformity with the decisions of the various Courts including the Hon 'ble Apex Court in dealing with similar situation.

(3.) IN view of such well settled principle of law and having regard to the fact that it is an act of composite negligence, the Tribunal on the basis of evidence could not have absolved the New India Assurance Company Limited from his liability to pay such compensation. The Tribunal has completely misdirected his mind in not ignoring such materials and provisions of law and passed an order which is suffering from misconception of law and fact and accordingly, the said finding in not absolving the New India Assurance Company Limited from paying such compensation is hereby set aside.