ORIENTAL INSURANCE CO LTD Vs. PRABHABEN GANGARAM YADAV

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company challenging the judgment and award dated 12th June, 1996 passed in Motor Accident Claims Petition No.521 of 1995.

(2.) The vehicular accident took place on 20th October, 1995 at about 8.30 a.m., when one Shri Rajubhai Gangarambhai suffered fatal injury on being hit by Truck No.MH-20-A-5827.

(3.) The appellant Insurance Company is not seriously contesting the occurrence of the accident or fastening of the negligence and consequential liability. On behalf of the appellant Insurance Company, it was submitted that the deceased was aged 18 years and is stated to be working as a cook In one Murlidhar Hotel earning Rs.2,200/- per month. That the Tribunal has adopted the said figure as stated by the claimants without there being any evidence in this regard. It was submitted that as a consequence the loss of prospective income has been wrongly adopted at an estimated figure of Rs.4,000/- per month resulting in computation of excess datum at Rs.2,12,000/-.