MOTIJHARI DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The case of the plaintiff appellant is that one Sajan Dubey aged about 45 years, an employee of M/s TISCO has died in accident. The Learned Court below after examining the entire facts and evidence on record and after hearing the parties has awarded a sum of Rs. 8,57,060/- without interest. It has been ordered that if the said amount is not paid within 30 days, it will carry the interest of 6% per annum. It is the claim of the Insurance Company, which is also accepted by the plaintiff appellant that the amount has been paid within time.

(3.) The factors which are not in dispute in the present case is that the age of deceased was 45 years. His gross income was taken as Rs. 11,210.79/- and number of dependents is three i.e. widow and two minor daughters. On these factors the calculation has been made. The ground taken by the appellant is that although gross income has been shown as 11,210.79 but net income after some deduction i.e. Rs. 70600/- has been considered for compensation. This net income has been taken into consideration for calculating the compensation. The learned counsel for the appellant has relied upon the judgment as in case of Yerramma & Ors. vs. G. Krishnamurthy & Anr., (2015) AIRSCW 514 at paragraph 13 as quoted herein below:-