NEW INDIA ASSURANCE CO. LTD. Vs. BALBIR KOUR

JUDGEMENT

(1.) This appeal is directed against the award dtd. 23/8/2021 passed by the Motor Accidents Claims Tribunal, Jammu (for short the Tribunal") in file No. 299/Claim, titled, "Balbir Kour and others vs New India Assurance Co. Ltd and others", whereby the learned Tribunal has awarded the compensation for an amount of Rs.11,52,500.00 in favour of the respondent Nos. 1 to 3 alongwith interest at the rate of 7.5% per annum from the date of institution of this claim petition till realization of the award amount.

(2.) The award has been impugned by the appellant/Insurance Company on the ground that the deceased had retired from the Border Security Force as a Sub-Inspector and after his demise, the family pension received by respondent No. 1 was more than what the deceased used to draw and as such, there was no pecuniary loss to respondent No. 1. It is also stated that respondent Nos. 1 to 3 had miserably failed to place on record the proof of employment of the deceased with the GVR Infra Projects Co. Ltd and as such, the income of the deceased allegedly earned as salary form M/S GVR Infra Projects Co. Ltd could not have been considered while passing the award impugned.

(3.) Mr. Amrit Sarin, learned counsel for the appellant/Insurance Company has vehemently argued that the respondent No. 1 was getting more amount as pension than what was being paid to her by her deceased-husband and the respondent Nos. 1 to 3 could not prove the salary which the deceased was getting from GVR Infra Projects Co. Ltd, as such, the learned Tribunal has not rightly determined the compensation.