THE NATIONAL INSURANCE COMPANY LTD. Vs. VINESH AND ORS.
LAWS(ALL)-2016-1-160
HIGH COURT OF ALLAHABAD
Decided on January 21,2016

The National Insurance Company Ltd. Appellant
VERSUS
Vinesh And Ors. Respondents

JUDGEMENT

- (1.) This First Appeal From Order has been preferred by the National Insurance Company under Section 173 of the Motor Vehicles Act, 1988 assailing the award and order dated 31.10.2015 passed by Motor Accident Claims Tribunal/ A.D.J., Court No.8, Meerut in MACP No.918 of 2013 ( Smt. Vinesh and others Vs. Sri Sababul and others), awarding compensation of Rs.8,94,000/- along with the interest @ 7% per annum from the date of filing of the claim petition.
(2.) The award has been challenged by the Insurance Company-Appellant inter-alia on the grounds:- 1. The Tribunal has failed to consider that accident was attributable to negligence of driver of motorcycle as well and it was a case of contributory negligence. 2. The Tribunal has erred in selecting the multiplier for computing the compensation on the age of the deceased, whereas it ought to have been computed considering the age of claimants-dependents. 3. The Tribunal has wrongly determined the notional income of the deceased to be Rs.6,000/- per month whereas the notional income ought to have been considered as Rs.3,000/- per month.
(3.) We have considered the submissions made on behalf of counsel for the Insurance Company.;


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