UNITED INDIA INSURANCE CO. LTD. Vs. SAMEENA KOUSER
LAWS(J&K)-2020-8-80
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 17,2020

UNITED INDIA INSURANCE CO. LTD. Appellant
VERSUS
Sameena Kouser Respondents




JUDGEMENT

Sanjeev Kumar, J. - (1.)This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") filed by the United India Insurance Co. Ltd. (hereinafter referred to as the "insurer") is directed against the award dated 10.07.2019 passed by the Motor Accident Claims Tribunal, Rajouri (hereinafter referred to as the "Tribunal") in file No. 49/claim titled "Sameena Kouser vs. Anjum Javaid and others" whereby the insurer has been directed to pay an amount of Rs.81,99,168/- along with pendent lite and future interest @ 7.5% per annum to respondent Nos. 1 to 5 (claimants for short)
(2.)The impugned award has been assailed by the insurer only on the ground of quantum. It is argued that the Tribunal has committed serious error in computing the compensation payable to the claimants.
(3.)Mr. Sanjay K. Dhar, learned counsel appearing for the insurer urges that the Tribunal did not deduct income tax from the annual income of the deceased and, thus, passed the impugned award which is exorbitant and excessive. It is also submitted that the Tribunal did not take into account the fact that the claimants were entitled to financial assistance as well as compassionate appointment in terms of SRO 43 of 1994, in that, the claimants were entitled to full salary of the deceased for a period of seven years and thereafter the family pension. All these sums received or receivable by the claimants were liable to be deducted from the annual income of the deceased, but the Tribunal clearly lost sight of this aspect of the matter and granted compensation which is unjustly exorbitant and much on higher side.
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