IFFCO TOKIO GENERAL INSURANCE COMPANY Vs. ASHA DEVI

JUDGEMENT

(1.) THIS petition has been filed by the Insurance Company challenging the award passed by the learned Motor Accident Claims Tribunal II, Mandi, District Mandi, H.P. The deceased was the husband of the first respondent and the father of the second and third respondents. The claimants approached the learned Tribunal on the pleadings that Shri Naresh Kumar had died in an accident involving the ill fated vehicle, which was being driven in rash and negligent manner by the first respondent before the learned Tribunal Shri Desh Raj and in this eventuality they are entitled to compensation to the extent of Rs. 30,00,000/ - as pleaded.

(2.) THE point urged before me is that the learned Tribunal was in grave error while awarding a sum of Rs. 31,70,000/ - to the dependants of the deceased, who was running a shop selling cloth and general merchandise at Baldwara Bazaar and used to earn Rs. 25,000/ - per month from his business and Rs. 5,000/ - per month from agricultural work. The total income was claimed to be Rs. 30,000/ - per month. The claim regarding agricultural income was rejected as not proved.

(3.) AN objection was raised that this exceeded the amount claimed by the claimants but the learned Tribunal relied upon the decision of the Supreme Court in Nagappa v. Gurdayal Singh, : 2003 (2) SCC 274 holding that the law did not prohibit such an award.