AVNEESH JHINGAN
New India Assurance Company Ltd. – Appellant
Versus
Surinder Kaur – Respondent
AVNEESH JHINGAN, J.
1. The claimants and the insurer of the offending vehicle, both are in appeal against the award dated 25.07.2008 passed by Motor Accidents Claims Tribunal, Ropar (hereinafter referred to as the 'Tribunal').
2. The record of this case was burnt and has been reconstructed from the salvaged record and copies supplied by counsels, subject to all just exceptions.
3. In the appeal filed by the Insurer, the issue raised is that the Tribunal while considering the income has not deducted the income tax.
4. The claimants are aggrieved that the age of the deceased at the time of accident was 49 years, 7 months, which has wrongly been taken by the Tribunal as 52 and as a result, multiplier has wrongly been applied. No future prospects have been added and the amounts awarded under the conventional heads are on the lower side.
5. The bare facts necessary for adjudication of the present appeal are that Tarsem Lal, Head Constable in Punjab Police was hit by a rashly and negligently driven Trailor bearing registration No.HR-58-6101 (for short, 'the offending vehicle'').
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