In this first appeal against a Motor Accident Claims Tribunal award, the appellant challenged the failure to deduct deceased income. The single judge dismissed the appeal, holding the assessed income was too low to require further deduction, and affirmed the award.
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Court No. - 40
Case :- FIRST APPEAL FROM ORDER No. - 2529 of 2011
Appellant :- The New India Assurance Co. Ltd. Respondent :- Inspector Singh And Others Counsel for Appellant :- Amit Manohar Counsel for Respondent :- R.B.Maurya,Upendra Upadhyay
Hon'ble Harsh Kumar,J.
Heard Sri Krishna Mohan, Advocate holding brief of Sri Amit Manohar, learned counsel for appellant, Sri Upendra Upadhyay, learned counsel for respondent no.8 and perused the record.
The present first appeal from order has been filed against the judgment and award dated 7.5.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Firozabad in M.A.C. No.234 of 2007, whereby the Tribunal has awarded a sum of Rs.2,17,000/- to claimants-respondents nos.1 to 7 with right of recovery to Insurance Company, to recover from the owner of vehicle in case of breach of terms of policy.
Learned counsel for appellant contends that Tribunal has acted wrongly in not making any deductions from the income of deceased assessed at Rs.15,000/- per annum.
The above argument raised by learned counsel for appellant has no force as income of deceased assessed by Tribunal is so low and no further deduction was required from the same at the time of computation of just and appropriate amount of compensation.
The appeal has no force and is liable to be dismissed.
The appeal is dismissed accordingly and the impugned award is affirmed.
Let a copy of this order be sent to court below/Tribunal for ascertaining necessary compliance.
The statutory amount of deposit be sent to court below/Tribunal.
Order Date :- 13.5.2019 Tamang
New India Assurance Co. Ltd.
Inspector Singh
Others
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
