NATIONAL INSURANCE CO LTD Vs. SUNITA BHARGAVA

JUDGEMENT

(1.) NATIONAL Insurance co. Ltd. (non-claimant) has preferred this misc. appeal challenging the award passed by Addl. District Judge (Fast Track) No. 7, jaipur City, Jaipur in Claim Petition No. 361 of 2004 (No. 2051 of 2002) by which the learned Judge has awarded compensation of rs. 13,56,500 along with interest at the rate of 6 per cent per annum.

(2.) THE present appeal is filed by the appellant insurance company on the ground that the compensation awarded by the learned court below is excessive and same cannot be said to be just and reasonable as per provisions of section 168 of the Motor Vehicles Act.

(3.) IT is also contended that as per salary certificate, Exh. 13, issued by Principal of Rajkiya Ucch Madhyamik Vidyalaya, pawta. Jaipur, the deceased Praveen Bhargava was employed as Laboratory Assistant and drawing salary of Rs. 9,076 per month, from which a sum of Rs. 1,160 was deducted towards G. P. F. , Rs. 400 towards state insurance and Rs. 60 for R. P. M. F. , etc. Thus, the deceased used to draw a net salary of Rs. 7,916 at the time of his death. Further, at the time of the accident as per injury report, Exh. 9, the deceased was 42 years old.