RAJNESH OSWAL
New India Assurance Co. Ltd. – Appellant
Versus
Soma Devi – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. The appeal MA No. 213/2012 has been filed against the judgment and award dated 22.12.2011 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 442/Claim, titled, Soma Devi and Others vs. The New India Assurance Co. Ltd. and Others whereby a compensation of Rs. 12,65,000/- has been awarded to the claimants/ respondents Nos. 1 to 5 along with interest @ 6% per annum from the date of filing of the claim petition till its realization. Simultaneously, the claimants/respondent Nos. 1 to 3 have also filed a cross-appeal against the aforesaid award for enhancement of the compensation.
2. The award has been impugned by the appellant-Insurance Company primarily on the ground of quantum as the learned Tribunal has not considered that the deceased was a Government employee and his family members would continue to draw salary of the deceased for a period of seven years from the date of death of the deceased, meaning thereby that there was no monetary loss to the dependents for a period of seven years.
3. In
Magma General Insurance Co. Ltd. vs. Nanu Ram
National Insurance Company vs. Pranay Sethi and Others
National Insurance Co. vs. Purna Devi and Others
Sarla Verma and Others vs. Delhi Transport Corporation and Another
Sebastiani Lakra and Others vs. National Insurance Co. Ltd. and Another
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