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2024 Supreme(Bom) 310

SHIVKUMAR DIGE
Branch Manager, Reliance General Insurance Company Ltd. – Appellant
Versus
Aasawari Amit Yetale – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Shalini Shankar, Advocate
For the Respondent:Mr. Jayant Bardeskar, Advocate

JUDGMENT :

1. The issues involved in this appeal are income of deceased is considered on higher side

and provident fund amount is not deducted from compensation amount.

2. It is contention of learned counsel for the appellant/Insurance Company that the Tribunal has considered monthly income of deceased at Rs.22,000/- per month without any evidence on record which is on higher side. She further submitted that the claimants have received amount of Rs.5,00,000/- as a provident fund amount but the Tribunal has not deducted it from the compensation amount, hence requested to allow the appeal. Learned counsel further submitted that, at the time of accident, deceased was not wearing helmet, hence there was contributory negligence of the deceased in the said accident.

3. It is contention of learned counsel for the respondents claimants that deceased was working as a cashier in Masai Hospital at Kolhapur and he was getting Rs.22,000/- per month as a salary, on that basis, Tribunal has considered his monthly income. Learned counsel further submitted that provident fund amount is different from the compensation amount, it cannot be deducted from the compensation amount. Learned counsel further su

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