UNITED INDIA INSURANCE CO LTD Vs. GHEWAR RAM

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THIS appeal has been preferred by the appellant insurance company to challenge the award passed in favour of the claimant in M. A. C. T. Case No. 49 of 2003 which has been decided along with other claim cases by the impugned judgment dated 13. 7. 2004 by the Motor Accidents claims Tribunal (First), Jodhpur.

(3.) APPELLANT has raised two grounds. One is that the claimant Ghewar Ram himself is earning person as he is employed person and in the present accident, wife of claimant died. In view of the Division bench judgment of Madhya Pradesh High court delivered in the case of Daljeetsingh v. Hardeepsingh, 2003 ACJ 727 (MP), the earning husband cannot claim any compensation on account of the death of his earning wife in the accident and the second ground is that while computing the income of the deceased, the Tribunal has not deducted 1/3rd of the amount out of the income of deceased which the deceased would have used for her own expenditure.