NEW INDIA ASSURANCE COMPANY LTD Vs. RITU UPADHAYA

JUDGEMENT

(1.) Appellant/insurer has questioned the award dated 14.1.2011, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, District Chamba (HP) in claim petition No. 20 of 2009 titled Smt. Ritu Upadhaya and others versus New India Assurance Co. Ltd. and others by the medium of this appeal, for short "impugned award".

(2.) Rakesh Kumar Upadhyay deceased, who was an employee of the National Hydro Electric Power Corporation Ltd./respondent No. 5 herein died in a vehicular accident which has been caused by the driver of the vehicle No. PB06G-4190, while driving the offending vehicle rashly and negligently, on 3rd March, 2009 at about 3.30 p.m. at Kangora Morh, Chaned Tehsil and District Chamba, HP. The deceased was a Chartered Accountant being Assistant Manager (Finance) in National Hydro Electric Power Corporation Ltd./respondent No. 5 and was drawing salary to the tune of Rs. 37,746/- per month.

(3.) Respondents No. 1 to 3 filed the claim petition before the learned Tribunal below for grant of compensation on the ground that they and mother of the deceased have lost bread earner who was 36 years of age at the time of accident, drawing an amount of Rs. 37,746/- per month, as salary and have prayed for the grant of compensation to the tune of Rs. 75 lacs, as per breakups given in the claim petition.