UNITED INDIA INSURANCE COMPANY LTD. Vs. PARVEEN KUMARI

JUDGEMENT

(1.) By way of present appeal filed under S.173 of the Motor Vehicles Act, challenge has been laid by appellant-Insurance Company to Award dated 19.1.2012 passed by learned Motor Accident Claims Tribunal Una, Himachal Pradesh in MAC Case No. 24 of 2011, whereby learned Tribunal below, while allowing claim petition filed by respondents No. 1 to 5 (hereinafter, 'claimants'), being dependents of deceased Krishan Kumar, proceeded to award a compensation of Rs.47,27,504 alongwith interest at the rate of 8% per annum from the date of filing of claim till the amount is deposited with learned Tribunal below.

(2.) Since, by way of present appeal, appellant-Insurance Company has laid challenge to the award only qua quantum of compensation awarded by learned Tribunal below, this court sees no reason to discuss the facts of the case as well as evidence adduced by the respective parties, especially when the same are not in dispute. Moreover, quantum of compensation awarded by learned Tribunal below has been challenged solely on the ground that learned Tribunal below, while determining annual income, ought to have taken into consideration the component of income-tax, if any, payable by the deceased.

(3.) Mr. Ashwani K.Sharma, learned Senior Advocate duly assisted by Mr. Ishan Sharma, Advocate, while placing reliance upon judgment passed by Hon'ble Apex Court in Reshma Kumari v. Madan Mohan, 2013 9 SCC 65 and National Insurance Co. Ltd. v. Pranay Sethi, 2017 16 SCC 680, strenuously argued that learned Tribunal below, while calculating annual income of the deceased, wrongly took into consideration the gross salary of the deceased, without deducting the income-tax payable by him, whereas, it ought to have deducted the income-tax, if any, payable by the deceased from the actual salary, while computing annual income of the deceased.