MANAGER LEGAL Vs. USHA AGARWAL

JUDGEMENT

(1.) Present appeal by the insurer, i.e. Tata AIG General Insurance Co. Ltd. is directed against judgment dtd. 27/9/2019 passed by learned 4th M.A.C.T., Keonjhar in M.A.C. Case No.61/186 of 2018-17, wherein compensation to the tune of Rs.66,19,284.00 has been granted along with simple interest @7% per annum to the claimants from the date of filing of the claim application, i.e. 9/8/2017 on account of death of the deceased namely, Deep Chand Agarwal in the motor vehicular accident dtd. 1/3/2017.

(2.) The entire challenge is disputing the amount of loss of dependency calculated by the learned Tribunal

(3.) Mr. Dutta, learned counsel submits on behalf of the Insurance Company that the deceased was the Proprietor of the business establishment namely, M/s. Ajanta Textiles, Municipality Shop No.7, Daily Market, Barbil. After death of the deceased his widow, present claimant-Respondent No.1 managed it very well and gained almost equal profit as the deceased was getting. In support of his contention, the IT Returns filed for the Assessment Year 2017-18, 2018-19 and 2019-20 are relied on, filing copies of the same by way of an affidavit dtd. 19/10/2022. The decisions of the Supreme Court rendered in the cases of Sushma H.R. and another vs. Deepak Kumar Jha and others 2022 (4) T.A.C. 422 (S.C.), New India Assurance Co. Ltd. vs. Yogesh Devi and others 2012 (2) T.A.C. 1 (S.C.), State of Haryana and another vs. Jasbir Kaur and others, 2003 (3) T.A.C. 569 (S.C.) are relied on by Mr. Dutta in support of his submission.