NEW INDIA ASSURANCE CO. LTD. Vs. RUDESH KUMAR

JUDGEMENT

(1.) The appellant-Insurance Company through the medium of the present appeal has impugned the award dtd. 26/10/2016 passed by Motor Accident Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal) in claim petition bearing file No. 333/C, by virtue of which the compensation of Rs.38,30,000.00 along with the interest at the rate of 7% per annum from the date of institution till realisation, has been awarded to the respondent Nos. 2 and 3.

(2.) In the appeal, the appellant has impugned the award primarily on the twin grounds, first is with regard to the violation of terms and conditions of the insurance policy and the other is quantum of the compensation awarded by the learned Tribunal.

(3.) Mr. Jugal Kishore Gupta, learned counsel appearing on behalf of the appellant, during the course of arguments, did not press the issue with regard to the violation of terms and conditions of the policy. However, he laid much stress on the quantum of the compensation awarded to respondent Nos. 2 and 3. He submitted that there was no evidence on record with regard to the monthly income of the deceased-father of respondent Nos. 2 and 3 as Rs.20,000.00 and further that sum of Rs.2,00,000.00 has been wrongly awarded to the respondent Nos. 2 and 3 on account of loss of on account of love and affection. He further submitted that future earnings were required to be enhanced at the rate of 40% but the learned Tribunal enhanced the same at the rate of 50%.