BHARTI AXA GENERAL INSURANCE COMPANY LIMITED Vs. UDAYVEER

JUDGEMENT

(1.) The only ground raised by the petitioner is with regard to the amount released in favour of the respondent-claimant and submits that the respondent-claimant was the younger brother and therefore he was having independent income and therefore he would only get the fixed amount of Rs.50,000/-. Learned counsel relies on the judgment passed by Hon'ble Supreme Court in the case of Manjuri Bera v. Oriental Insurance Company Ltd., MACD 2007 (1) SC 140. However, this court finds that the case of Manjuri Bera is different from the present case. The Tribunal has examined the case and has reached to the factual finding that the claimant was dependent on the deceased and therefore has awarded the amount. No interference is therefore warranted. The civil misc. appeal is misconceived and is accordingly dismissed.