High Court of Punjab and Haryana, Chandigarh
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National Insurance Company Limited v. Amit Kumar & Ors - FAO-1961-2006  RD-P&H 12900 (19 December 2006)
FAO No.1961 of 2006
Date of Decision: 9.1.2007
National Insurance Company Limited
Amit Kumar and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE BALDEV SINGH
Present: Shri Manmohan, Advocate for
Shri Suman Jain, Advocate for the appellant Shri Rajinder Goyal, Advocate
Shri Neeraj Khanna, Advocate
Jasbir Singh, J. (Oral)
This appeal has been filed by the Insurance Company against award passed by the Motor Accident Claims Tribunal, Rohtak (in short, the Tribunal), on 15.12.2005.
It is primary grievance of the appellant that the compensation awarded, to the claimants-respondents, is on the higher side.
After hearing counsel for the parties, we feel that the argument raised is not justified. Factum of accident and death of Shri Ashok Kumar, on account of that accident, is not in dispute. It is an admitted fact that the deceased was an educated person having degree of MA (Political Science) to his credit. It has come on record that he had been working as a Clerk-cum-typist with some private concern, which clearly establishes that he had a capacity to work as such. It has also come on record that he was doing his own private business. His monthly income has been assessed at Rs.6000/-. We feel that an educated person definitely will not get less than this amount. He was 40 years old and multiplier of 15 applied by the Tribunal is in consonance with the second schedule annexed with the Motor Vehicles Act, 1988. The cut imposed for personal spending i.e.
is on the higher side. Be that as it may, we feel that the amount awarded is perfectly justified. No case is made out for interference.
( Jasbir Singh )
January 09, 2007 ( Baldev Singh )
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