NATIONAL INSURANCE COMPANY LIMITED Vs. RAJ KAMAL

JUDGEMENT

(1.) Instant appeal has been preferred by the appellantInsurance Company (for short 'the Insurance Company') against the judgment and award dtd. 17/9/2011 passed by Motor Accident Claims Tribunal, Kishangarh Bas, District Alwar (hereinafter referred to as 'the Tribunal') in Claim Case No.90/2009, whereby an amount of Rs.16,19,596.00 alongwith interest @ 9% per annum from the date of filing of the claim petition was awarded as compensation in favour of the respondent Nos.1 to 4 ((for short 'the claimants').

(2.) Learned counsel for the Insurance Company submits that the Tribunal had erred in assessing the income of the deceased as Rs.22,703.00 per month. Learned counsel for the Insurance Company also submits that the Tribunal deducted only 1/5th towards the personal expenses of the income of the deceased, whereas deceased had 3 family members because deceased's son had got the Government Job. So, deduction should be 1/3rd of the deceased's income. Learned counsel for the Insurance Company also submits that the Tribunal had not deducted the income tax on the awarded amount, as per the prevalent rate, income tax be deducted on the award amount. So, award of the Tribunal be modified.

(3.) Learned counsel for the Insurance Company has placed reliance upon the following judgments :