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2021 Supreme(J&K) 608

PUNEET GUPTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Sudesh Kumari – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vishnu Gupta
For the Respondent: Jagpal Singh

JUDGMENT :

1. The Award dated 05.03.2013 passed by the learned Motor Accidents Claims Tribunal, Samba, whereby the Tribunal awarded compensation to the tune of Rs. 36,70,072/- along with interest @ 6% per annum from the date of filing of claim petition till the payment is made, is challenged by the appellant-Insurance Company on the ground that the Tribunal has wrongly assessed the income of the deceased while awarding compensation; that the deductions as required were not taken into consideration qua the salary of the victim deceased; that the Tribunal also erred in granting compensation while considering the future prospects of the victim and finally the dependency factor is wrongly considered by the Tribunal of the deceased. The respondents-claimants have appeared through their counsel. As there is no dispute that the vehicle was duly insured with the appellant-Insurance Company and the liability of the Insurance Company is otherwise not in dispute, therefore, there was no necessity of hearing the respondent Nos. 2 & 3, owner and driver of the offending vehicle, in the appeal

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