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2010 Supreme(Raj) 313

A.M.SAPRE
National Insurance Co. – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared
Sanjeev Johari, for Appellant;
N.K. Rastogi, M.S. Udawat, for Respondents

Hon'ble SAPRE, J.—This is a misc. appeal filed by insurer (Insurance Company) of offending vehicle under Section 173 of Motor Vehicles Act, (for short hereinafter called "the Act") against an award dated 30.5.2007 passed by M.A.C.T., Nimbahera in Claim Case No. 122/2005.

2. By impugned award, the Tribunal partly allowed and claim petition of claimants filed under Section 166 of the Act and in consequence awarded to them a total sum of Rs. 3,15,000/- for the death of one "Ravindra Pratap Singh", who died in vehicular accident at the age of 19 years.

3. The only attack of appellant (Insurance Company) in this appeal is whether Tribunal was justified in determining the compensation payable to claimants amounting to Rs. 3,15,000/-. In other words, the challenge is to the quantum of compensation awarded by the Tribunal to claimants. According to appellant, it is an higher side and hence it should be reduced.

4. Heard.

5. Learned counsel for the appellant mainly averred one point. He submits that a deceased who was hardly of an age of 19 years, could not be held as earning Rs. 3,500/- from his shop. It is therefore, contended that monthly income assessed by the Tribunal of the deceased shoul





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