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NATIONAL INSURANCE COMPANY LIMITED versus AMIT KUMAR & ORS

High Court of Punjab and Haryana, Chandigarh

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National Insurance Company Limited v. Amit Kumar & Ors - FAO-1961-2006 [2006] RD-P&H 12900 (19 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.1961 of 2006

Date of Decision: 9.1.2007

National Insurance Company Limited

Appellant

versus

Amit Kumar and others

Respondents

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.

1/3rd

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.

Dismissed.

( Jasbir Singh )

Judge

January 09, 2007 ( Baldev Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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