UNITED INDIA INSURANCE CO LTD Vs. MRINALINI TALUKDAR

JUDGEMENT

(1.) THE insurance company by this application under Article 227 of the Constitution of India has challenged the award dated 24. 12. 1999, passed by the learned Member, Motor Accidents Claims tribunal, Kamrup, Guwahati in M. A. C. T. Case No. 747 (K) of 1995 awarding a sum of Rs. 6,65,032 with interest with effect from the date of filing of the claim petition.

(2.) I have heard Mr. S. Dutta, learned counsel for the petitioner and Mr. H. K. Deka, learned senior counsel appearing on behalf of the respondents.

(3.) MR. Dutta, learned counsel for the petitioner has submitted that as the income tax assessment order, pertaining to the financial year 1994-95 was exhibited as exh. 4 before the Motor Accidents Claims tribunal, the monthly income of the deceased has to be ascertained on the basis of the said assessment order and the same being around Rs. 7,000, the learned Tribunal has committed illegality in awarding compensation by taking monthly income of the deceased as Rs. 10,000, therefore, it is a fit case where this court may exercise its power under Article 227 of the Constitution of India and set aside the judgment and order passed by the learned Tribunal. The further submission of learned counsel is that the rate of interest awarded by the learned Tribunal is on the higher side as the same was fixed at 12 per cent per annum, which ought to have been between 6 and 8 per cent per annum. The learned counsel for the petitioner has submitted that the award passed by the learned Tribunal has been challenged by the insurance company by filing application under Article 227 of the Constitution of India on these two grounds only.