Dismissed

Icici Lombard General Insurance Co. v. Usha Rani and Ors.

Punjab & Haryana HC19 Jan 2012FAO/6398/2011

Case brief

AI extract

What is this about?

The High Court dismissed the insurance company's appeal challenging the Motor Accident Claims Tribunal's assessment of the deceased's income at ₹8,000 per month. The Court held that given the deceased's academic qualifications, the assessed income was just and adequate and called for no interference.

What did the court decide?

The appeal is dismissed in limine as the Tribunal's assessment of income is held to be just and adequate.

Icici Lombard General Insurance Co. Vs Usha… — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.6398 of 2011

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Date of decision: 19.01.2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.6398 of 2011 (O&M)

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ICICI Lombard General Insurance Company Limited

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...Appellant

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Versus

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Smt. Usha Rani and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. R.S. Dhull, Advocate, for the appellant.

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-.-

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JITENDRA CHAUHAN, J. (ORAL)

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CM No.25577-CII of 2011

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CM allowed. Delay of 94 days in filing the appeal is condoned.

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FAO No.6398 of 2011

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The appellant-Insurance Company has preferred this appeal challenging the Award dated 02.04.2011 passed by the learned Motor Accident Claims Tribunal, Fatehabad, (for short, 'the Tribunal').

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The sole argument raised by the learned counsel appearing for the appellant is that the learned Tribunal erred in assessing the monthly income of the deceased at `8,000/- per month. The learned counsel contends that the deceased was a student at the time of his

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FAO No.6398 of 2011

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death in the accident and was not earning anything. Therefore, his income should have been taken as per the Minimum Wages Act.

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I have heard the learned counsel for the appellant and perused the record.

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From the impugned Award and the record furnished by the learned counsel, it is made out that the deceased, Nitin Kumar, was 20 years of age at the time of his death. He was a 5^th Semester's student of Guru Dronacharya Polytechnic, Bhuna and was pursuing Diploma in Electrical and Communication. It was averred on behalf of the claimants that after completing his studies, the deceased could have earned `20,000/- per month.

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In the absence of any proof regarding income, the learned Tribunal, in the facts and circumstances of the present case, assessed the monthly income of the deceased at `8,000/-. In the considered opinion of this Court, keeping in view the academic qualification of the deceased, the income assessed is just and adequate and does not call for any interference. No other point has been raised.

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In view of the above, the present appeal fails and is dismissed in limine.

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19.01.2012 ( JITENDRA CHAUHAN) atulsethi JUDGE

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Note : Whether to be referred to Reporter : Yes / No.

Icici Lombard General Insurance Co. v. Usha Rani and Ors.

Case brief

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Icici Lombard General Insurance Co. v. Usha Rani and Ors.

Case brief

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