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2020 Supreme(P&H) 1622

ANIL KSHETARPAL
Iffco-tokio General Insurance Company Limited – Appellant
Versus
Lalita Devi – Respondent


Advocates Appeared:
Malvita Singh, Advocate, Mehak Sawhney, Advocate

JUDGMENT

Anil Kshetarpal, J. - The Insurance Company has filed an appeal assailing the award passed on 06.01.2020, by the Presiding Officer, Motor Accident Claims Tribunal, Karnal (hereinafter to be referred as "The Tribunal"), allowing the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, while awarding compensation of Rs.23,38,000/-, on account of death of Shambhu Shah, in a motor accident.

2. At the outset, it must be noticed that the learned counsel, for the appellant, has not challenged the findings of the Tribunal with regard to involvement of the vehicle and rash and negligent driving of Ajay Kumar-respondent No.7.

3. The only argument addressed by learned counsel, for the appellant, is that the Tribunal has erred in assessing the income of the deceased at Rs.12,000/-, per month. She contended that since no convincing evidence was produced, therefore, the Tribunal was bound to assess the income at the minimum wage, notified by the Labour Commissioner, Haryana, which at the relevant time was Rs.7,600/-. Hence, she contented that the Tribunal has committed an error in assessing the income at Rs.12,000/- per month. She places reliance on the following judgm

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