NEW INDIA ASSURANCE CO. LTD. Vs. SOMA DEVI

JUDGEMENT

(1.) The appeal MA No. 213/2012 has been filed against the judgment and award dtd. 22/12/2011 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 442/Claim, titled, 'Soma Devi and others vs The New India Assurance Co. Ltd and others' whereby a compensation of Rs.12,65,000.00 has been awarded to the claimants/respondents Nos. 1 to 5 along with interest @ 6% per annum from the date of filing of the claim petition till its realization. Simultaneously, the claimants/respondent Nos. 1 to 3 have also filed a cross-appeal against the aforesaid award for enhancement of the compensation.

(2.) The award has been impugned by the appellant-Insurance Company primarily on the ground of quantum as the learned Tribunal has not considered that the deceased was a Government employee and his family members would continue to draw salary of the deceased for a period of seven years from the date of death of the deceased, meaning thereby that there was no monetary loss to the dependents for a period of seven years.

(3.) In the appeal filed by the claimants, it has been stated that the learned tribunal has not rightly assessed the compensation.