2013 Supreme(Raj) 2005
R.S.CHAUHAN
National Insurance Co. Ltd – Appellant
Versus
Pushpa – Respondent
Advocates:
For the Appellant:Vizzy Agrawal, Advocate.
JUDGMENT
1. - The appellant, insurance company, is aggrieved by the award dated 03.04.2013 passed by the MACT & ADJ, Kekri, District Ajmer, whereby the learned Tribunal has granted a compensation of Rs. 27,35,744/- alongwith an interest @ 6% per annum from the date of presentation of the claim petition, i.e. from 27.11.2010, till actual payment of the compensation amount.
2. The brief facts of the case are that the claimants-respondents, filed a claim petition stating therein that on 23.10.2010 when Kamlesh Mewara was going on foot by the side of the road, he was hit by a Ford Ikon Car No. RJ06-CA-0186 being driven by the appellant No. 8 in a rash and negligent manner. Consequently, Kamlesh Mewara died. By award dated 03.04.2013, the learned Tribunal awarded compensation to the claimants-respondents, as stated above.
3. The learned counsel for the appellant has raised the following contentions before this court: firstly, the learned Tribunal has erred in relying upon the Income Tax Return (Ex.18) in order to assess the possible income of Kamlesh Mewara. For, according to the claimants-respondents, Mr. Kamlesh Mewara was engaged in two different businesses, namely in the business of e
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