UNITED INDIA INS. CO. Vs. NIRMAL KAUR

JUDGEMENT

(1.) The present appeal has been preferred against the award dtd. 1/5/2010 passed by the learned Motor Accident Claims Tribunal, Amritsar (for short, 'the Tribunal') in the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988, wherein, the appellant insurance company was held liable to pay the compensation to the claimants/respondents to the tune of Rs.12,13,000.00, on the ground of quantum of compensation to be on higher side.

(2.) Learned counsel for the appellant-Insurance Company vehemently argues that the compensation awarded by the Tribunal is on the higher side. He further submits that the Tribunal has erroneously assessed the income of the deceased as Rs.10,000.00 per month without any cogent evidence to that effect. He further contends that the learned Tribunal has wrongly assessed the age of deceased as 42 years, however, the age of the deceased at the time of accident was 56 years. Accordingly, he prays that the present appeal be allowed and amount of compensation be reduced as per latest law.

(3.) Per contra, learned counsel for the respondent/claimant Nos.1 to 7 contend that learned Tribunal has rightly taken the income and the age of the deceased-Narender Singh @ Pappu. Therefore, he prays that the present appeal be dismissed.