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2022 Supreme(J&K) 295

RAJNESH OSWAL
New India Assurance Co. Ltd. – Appellant
Versus
Soma Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rupinder Singh.
For the Respondent: C.B. Slathia.

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

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