NATIONAL INSURANCE COMPANY LTD. Vs. GEETA DEVI

JUDGEMENT

(1.) This appeal is against the judgment and award dated 31.5.2008 passed in Claim Case No. 12 of 1999 by learned Motor Vehicle Accident Claim Tribunal-cum-1st Additional District Judge, Deogha' The appellant has assailed the award mainly on the plea that the driving licence of the driver Karu Pandit was fake but the said fact has not been considered by learned Tribunal. The award has been erroneously made. The impugned award is, thus, illegal and perverse. The appellant has also taken the ground that the quantum of compensation has been erroneously determined without deducting the amount of expenses out of the income of the deceased. The award is, thus, wholly unsustainable in law.

(2.) Learned counsel appearing on behalf of the claimant-respondent, contesting the appeal, submitted that learned Tribunal has duly considered the relevant aspects and materials on record and has come to a just finding. The assessment of compensation has been properly made in accordance with the prescribed schedule.

(3.) I have heard learned counsel for the parties. I also perused the impugned award.