LAWS(TLNG)-2023-4-103

NATIONAL INSURANCE CO LTD Vs. SAROJAMMA

Decided On April 26, 2023
NATIONAL INSURANCE CO LTD Appellant
V/S
SAROJAMMA Respondents

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company aggrieved by the Award dtd. 24/10/2006 in O.P.No. 187 of 2002 on the file of the Special Sessions Judge for Trial of Cases under S.Cs. and S.Ts. (POA) Act-cum-VII Additional District and Sessions Judge at Mahabubnagar. The claimants filed the cross-objections seeking enhancement of the compensation.

(2.) This Appeal was referred to the Lok Adalat on 22/6/2022 and an Award was passed permitting the Insurance Company to withdraw the Award. Later, it was realised that crossobjections were filed by the claimants, accordingly the matter is placed before this Court.

(3.) As the Insurance Company has already wanted to withdraw the Appeal, this Court is not going into the said aspect. Coming to the enhancement of compensation, according to the claimants, the deceased Sri K. Venugopal was working as Security Guard and earning Rs.4,996.00. However, the Tribunal has deducted HRA and other allowances and taken Rs.2,882.00 as his monthly salary. Learned counsel for the claimants submits that except the statutory dues, no other amount ought not to have been deducted by the Tribunal. He submits that the Tribunal has failed to grant future prospects, hence, the compensation has to be enhanced on the said counts.