NATIONAL INSURANCE CO LTD Vs. DEVAKI PASWAN

JUDGEMENT

(1.) Heard Mr. Ashok Priyadarshi, learned counsel appearing for the petitioner. Though notice has been validly served on the claimant opposite party nos.1 to 4 but they have not chosen to appear before this Court. Again though served and having appeared through counsel, there is no representation on behalf of the opposite party nos.5 and 6.

(2.) This civil revision application is directed against the award passed by the learned District Judge-cum- Motor Vehicles Accident Claim Tribunal, Nalanda at Biharsharif dated 12.12.2007 in Claim Case No.95 of 2004, whereby the learned tribunal while allowing the claim has quantified the compensation at Rs.1,89,500/- payable to the claimants and issued directions for payment thereof.

(3.) Mr. Priyadarshi, learned counsel appearing for the petitioner-Insurance Company has questioned the award only to the extent that the deductions towards the personal expenses as found in the second schedule to the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') requiring a deduction by one-third on the computation of the compensation towards the personal expenses of the deceased has not been taken note of by the learned tribunal while making the award. Mr. Priyadarshi has candidly submitted that the petitioner does not question the award on any other aspect except that no deduction has been made towards personal expenses of the deceased, had she been alive.