NATIONAL INSURANCE COMPANY LIMITED Vs. INDER KAUR

JUDGEMENT

(1.) One Rohit Kumar was a student of Architectural Assistantship Course in Dr. B.R. Ambedkar Government Polytechnic College Ambota, District Una, H.P. His date of birth was 7/5/1995. On 17/9/2015, he was travelling as a pillion rider on the motor cycle alongwith one Vicky. The motor cycle met with an accident on account of rash and negligent driving of a car driven by respondent No. 2. Rohit Kumar and Vicky died on the spot. Respondent No. 1 Smt. Inder Kaur-mother of Rohit Kumar preferred a claim petition under Sec. 166 of the Motor Vehicles Act. Learned Motor Accident Claims Tribunal vide award dtd. 24/12/2018 allowed the claim petition. Respondents No. 2 and 3 and the appellant-Insurance Company were held liable for payment of compensation to the extent of 70% with interest @ 9% per annum from the date of filing of the petition till deposit.

(2.) The appellant-Insurance Company has assailed the award passed by the learned Motor Accident Claims Tribunal. Learned counsel for the appellant confined his submission only on the ground that potential income of the deceased was determined on the higher side by the learned Tribunal.

(3.) I have heard learned counsel for the parties and gone through the record.