ORIENTAL INSURANCE CO LTD Vs. LALANWATI

JUDGEMENT

(1.) This is an appeal brought by the Oriental Insurance Company Limited challenging the award dated 3.6.2010 passed by the Motor Accidents Claims Tribunal, Palwal (for short, "the Tribunal") on two points, namely, the income of the deceased as well as the validity of the driving licence held by Roop Chand, respondent No.1.

(2.) Learned counsel for the appellant-insurer has submitted that Devi Sahai (deceased) had retired from Government Senior Secondary School, Palwal in the year 2003 and he was getting Rs. 9,000/- per month as pension. According to him, as admitted by his widow, she was getting Rs. 12,000/- per month as pension from the Government. According to him, if the deceased was getting Rs. 9,000/- per month as pension and after his death his wife is getting Rs. 12,000/- per month as pension, then there was no loss suffered by the claimants on the death of Devi Sahai. According to him, even if it is believed that after his retirement, he was working as Principal in a private school at village Jaindapur and was getting Rs. 5,000/- per month, then the loss would be only in a sum of Rs. 5,000/- per month. He has submitted that learned Tribunal has wrongly assessed the income of the deceased at Rs. 14,000/- per month.

(3.) The next point on which the award has been questioned is that respondent No.1 was granted a licence to drive motorcycle, scooter, car and tractor and that he was not authorized to drive a jeep, which he was driving at the time of the accident. According to him, learned Tribunal has been wrong in taking him as authorized to drive a jeep on the licence authorizing him to drive motorcycle, scooter, car and tractor.