ORIENTAL INSURANCE CO LTD Vs. PARAMJEET KOUR

JUDGEMENT

(1.) ORIENTAL Insurance Co. Ltd. has filed this appeal questioning the motor Accidents Claims Tribunal, Jammu's award of 25. 9. 2004 awarding an amount of Rs. 8,50,000 to Paramjeet Kour, widow; lakhwinder Singh, minor son and amanpreet Kour, minor daughter of Gopal Singh who while driving his scooter on 29. 9. 2002 had been hit at Kalu Chak by a rashly and negligently driven truck No. JK 02-7145 by its driver Dewan Chand at about 6 p. m. and died on spot because of his sustaining injuries in the accident.

(2.) APPELLANT's learned counsel says that tribunal had erred in awarding compensation to the claimants on account of the prospective future income of the deceased although neither had the claimants laid any basis therefor in the claim petition nor had they led any proof in support thereof. Award of the Tribunal according to the learned counsel was thus required to be modified deducting that portion thereof which had allowed compensation on account of prospective future income of the deceased.

(3.) LEARNED counsel for the claimants, on the other hand submits that the compensation awarded by the Tribunal was already on the lower side which may not require any further reduction because the legislation providing for compensation to the dependent of those who had died in motor vehicular accident was beneficial in nature. Learned counsel submitted that the tribunal had erred in assessing Rs. 5,000 as monthly income of the deceased at the time of his death when there was sufficient evidence on records proving the income of the deceased as Rs. 8,000 per month. He submitted that the deceased, besides being a regular employee of Shiva Wire industries had been working as part-time accountant in other factories as well and the Tribunal had erroneously refused to take the additional income of the deceased into consideration while assessing the total income of the deceased at the time of his death.