NATIONAL INSURANCE COMPANY LTD Vs. BASHIR AHAMD WANI

JUDGEMENT

(1.) ONE Iqbal Ahemd wani a 20 years old Second Year Engineering Student, died in a vehicular accident at Chadoora on 12.03.2003 involving a vehicle insured with appellant company, whereupon his parents, brothers and sisters claimed compensation which was awarded by MACT Budgam on 29.06.07 to the tune of Rs. 5.30 lacs with interest at 9% p.a. from date of claim i.e. 6.5.03 till it 'srealization and also funeral expenses.

(2.) FEELING aggrieved, appellant Insurance Company challenges the same on the ground that the award is exorbitantly over quantified as the deceased was only a student. During submissions their counsel while further elucidating contents of appeal has also contended that MACT below was wrong in fixing the monthly income of deceased at Rs. 5000/ - as there was no evidence to support the same and also erred in holding brothers and sisters of deceased entitled to compensation which is not justified in circumstances of the case. In response counsel for respondent -beneficiaries has defended the impugned award by stating that the same was well founded in fact and law because the deceased even though a non earning person was a Second year Engineering Student and had bright future protects as observed by Ld. MACT and his case could not be confined within the prescribed notional income reckonable in such cases under law.