SHRI SHYAM SUNDER PAREEK, S/O SHRI B. NARAYAN PAREEK, AGED ABOUT 55 YEARS AND ORS. Vs. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Questioning the compensation awarded by the Learned Motor Accidents Claims Tribunal, East District, at Gangtok (for short "Learned Claims Tribunal"), in MACT Case No.09 of 2015, dated 11-03-2016, the Appellants/Claimants (hereinafter "Appellants") are before this Court.

(2.) Learned Counsel for the Appellants submits that they only seek to raise two issues before this Court, viz; the Learned Claims Tribunal ought to have included the Provident Fund, being deducted from the salary of the deceased as her income while computing the compensation. Apart from which a sum of Rs. 1,00,000.00 (Rupees one lakh) only, ought to have been awarded as Loss of Estate as held by the Honourable Apex Court, in a catena of decisions, for which reliance was placed on Sandhya Rani Debbarma and Others Vs. National Insurance Company Limited and Another, 2016 (4) TAC 165 (SC).

(3.) To the contrary, refuting the contentions of the Appellants, Learned Counsel for the Respondent No.1-Insurance Company (hereinafter "Respondent No.1") submitted that there is no error in the computation arrived at by the Learned Claims Tribunal and, therefore, the decision ought not to be disturbed.