liable to indemnify the insured. Without prejudice to the said contention, learned Senior Counsel, also argued that there was no infirmity with regard to the findings which stood returned by learned Tribunal in Para-34 and Para-42 of the award concerned for the reason that these findings were borne out from the record, in terms whereof, the certificate of Insurance nowhere depicted that the occupant of the vehicle was covered by the policy in issue. In addition, on merit, in the appeal which has been filed by the Insurance Company, learned Senior Counsel argued that the award passed by learned Tribunal was not sustainable being on the higher side as while calculating the gross income of the deceased, learned Tribunal erred in not appreciating that whereas the income of the deceased consistently was being reflected as Rs. 54,092/- from the month of March, 2017 onwards, there was a sudden jump in the said income from Rs. 54,092/- to Rs. 60,896/- for the month of July 2017, which went unexplained. Learned Senior Counsel further argued that learned Tribunal erred in not otherwise also deducting an amount of Rs. 4100/and an amount of Rs. 1890/- which were included in the gross income of the deceased under the heads of PCA and TPT respectively. Learned Senior Counsel submitted that even if the claimants have to be awarded compensation, then an average of the last five months pay should have been taken into consideration and the income of the deceased ought to have been calculated thereupon.
