NEW INDIA INSURANCE CO. Vs. TEJ KANWAR

JUDGEMENT

(1.) Having heard the learned counsel for the parties, we are of the opinion that no interference can be made in this appeal at the instance of New India Insurance Co. Ltd.

(2.) The husband of respondent No. 1 and the father of respondent Nos. 2 to 8, Paras Mal died in a Motor Accident which took place on 13.7.89. A claim was filed before the Motor Accident Claims Tribunal alleging therein that the income of deceased at the time of his death was Rs. 6000.00 per month and his 8 years' service was left. The Insurance Company was also impleaded as party and the vehicle was insured. The Motor Accident Claims Tribunal taking the monthly income of deceased at Rs. 6000.00 awarded a sum of Rs. 5,74,000.00 as compensation and after depositing Rs. 25,000.00 as no fault liability, Rs. 5,49,000.00 was awarded to be paid to the claimants till the date of filing the application only and 12% interest was also awarded. This award was not appealed by the owner and the driver of the vehicle but this appeal was filed by the Insurance Company only.

(3.) From the judgment under appeal, it is clear that award was sought to be challenged for avoiding liability, on merits, on grounds other than permissible under Sec. 149(2) of the Motor Vehicles Act, 1988. Primary contention before the learned Single Judge was that as per the statement of Bank Manager, last drawn salary of the deceased was Rs. 5145.00 per month and not Rs. 6000.00 per month as has been allowed by the learned Motor Accident Claims Tribunal. On that basis, the learned Tribunal has awarded Rs. 4,80,000.00 and the learned Single Judge has affirmed the same. The learned Single Judge categorically stated that the plea about quantum of compensation is not available to the insurance Company. Apart from this, the learned Single Judge on examining the evidence sustained the finding on merit also. The same contentions has been raised before us that there was error apparent in determining the quantum of compensation by taking the basic salary per month which was payable to the deceased at the time of his death at Rs. 6000.00per month, which is contrary to the statement of employer.