UNITED INDIA INSURANCE COMPANY Vs. MACT

JUDGEMENT

(1.) THIS petition is directed against the award dated 17.11.2004 passed by learned MACT-II, Mandi, H.P.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondents No. 2 to 4 being the widow, son and mother respectively of the deceased Shri Duni Chand filed claim petition under section 166 of the Motor Vehicles Act, 1988 before the Tribunal (petition No. 48 of 1998 ) for grant of compensation on account of death of Shri Duni Chand. Sh. Duni Chand boarded the bus on 11.12.1997 at Kotli which met with an accident and he received grievous injuries. Sh. Duni Chand was firstly taken to CHC Kotli and thereafter he was referred to Zonal Hospital, Mandi where he was declared dead on the same day. The age of deceased Shri Duni Chand at the time of accident was 25 years.

(3.) THE sole contention of Mr. Ashwani Kumar Sharma, Advocate appearing on behalf of petitioner is that the award made by the learned MACT is exorbitant and the findings recorded by the Tribunal are perverse with regard to the income of deceased Sh. Duni Chand on the basis of his salary.