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2020 Supreme(J&K) 422

SANJEEV KUMAR
United India Insurance Co. Ltd – Appellant
Versus
Sameena Kouser – Respondent


Advocates Appeared:
For the Appellant:Sanjay K. Dhar Advocate.
For the Respondents:Mr. Raghu Mehta, Advocate.

JUDGMENT

This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”) filed by the United India Insurance Co. Ltd. (hereinafter referred to as the “insurer”) is directed against the award dated 10.07.2019 passed by the Motor Accident Claims Tribunal, Rajouri (hereinafter referred to as the “Tribunal”) in file No. 49/claim titled “Sameena Kouser v. Anjum Javaid and others” whereby the insurer has been directed to pay an amount of Rs. 81,99,168/-along with pendente lite and future interest @ 7.5% per annum to respondent Nos. 1 to 5 (claimants for short)

2. The impugned award has been assailed by the insurer only on the ground of quantum. It is argued that the Tribunal has committed serious error in computing the compensation payable to the claimants.

3. Mr. Sanjay K. Dhar, learned counsel appearing for the insurer urges that the Tribunal did not deduct income tax from the annual income of the deceased and, thus, passed the impugned award which is exorbitant and excessive. It is also submitted that the Tribunal did not take into account the fac

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