UNITED INDIA INSURANCE COMPANY LIMITED Vs. JHOOMA DEVI

JUDGEMENT

(1.) Both the appeals arise out of common judgment and award, hence same are being decided together by this common judgment.

(2.) Instant appeal has been filed by the appellantInsurance Company against the judgment and award dtd. 13/12/2012 passed by the Court of learned Judge, Motor Accident Claims Tribunal, Dausa, District Dausa (Raj.) [for short 'the tribunal'] in Compensation Petition No.417/2011, whereby the learned tribunal awarded a sum of Rs.23,60,516.00 as compensation to the claimants respondents.

(3.) Learned counsel for the appellant- Insurance Company submitted that the son of the deceased namely; Ashok Kumar got service on compassionate ground. Therefore, his income must have been deducted while computing the loss of future income. In support of such contentions, counsel for the appellant has placed reliance upon the judgment delivered by the Hon'ble Apex Court in the case of Vimal Kanwar & Ors. Vs. Kishore Dan & Ors., reported in 2013(2) WLC (SC) Civil 50. Counsel further submitted that the trolley was attached to the tractor and the same was not insured. Hence, the insurance company is not liable to make compensation as there was breach in condition of the insurance policy.