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2015 Supreme(P&H) 1859

NAVITA SINGH
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
NAGINA DEVI – Respondent


Advocate Appeared:
For the Appellant : V. Ramswaroop, Adv.
For the Respondent:Shashi Kant Gupta for L.M. Gulati, Advocates

JUDGMENT :

Navita Singh, J.

1. The above appeals were filed against the award dated 26.11.2011 passed by the Motor Accident Claims Tribunal, Amritsar (Tribunal for short), vide which the Tribunal awarded compensation to the tune of Rs. 7,29,000/- to the appellants in FAO No. 5131 of 2012. Those appellants i.e. claimants filed the appeal for enhancement while the Insurance Company filed the appeal for setting aside the award for dismissal of the claim. Om Parkash had met with an accident on 20.10.2010. The petition was filed under Section 163-A of the Motor Vehicles Act ("Act" for short) but the income of the deceased was stated to be between Rs. 7000/- and Rs. 8000/- per month. Also it was pleaded that the life of Madheshar Mehta was terminated at a young age on account of the accident which was caused by the driver of the offending vehicle i.e. Satnam Singh while driving the truck in a rash and negligent manner.

2. Counsel for the Insurance Company argued that the claim was preferred by the claimants under Section 163-A of the Act but inspite of that the Tribunal did not adhere to the second schedule. Rather the income of the deceased having been pleaded to be more than Rs. 40,000/-








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