- (1.) Heard learned counsel for the appellant.
(2.) These two appeals arise out of a common judgment dated 19th August, 2008 whereby the Motor Accident Claims Tribunal has awarded compensation to the claimants in relation to an accident that occurred on 5th August, 2002 between a Tata Sumo vehicle and the scooter driven by the deceased Shailendra Kumar Mishra who died in the said accident. At the time of his death, the deceased was working as a Manager Administration in a Private Corporation (company) where he was earning Rs. 10,000/- per month as salary.
(3.) The Insurance Company has filed F.A.F.O. No. 3436 of 2008 assailing the award and Sri Saurabh Srivastava, learned counsel on behalf of the Insurance Company has assailed the impugned order on four grounds namely that the Tribunal has erred in not considering the site plan in correct perspective so as to fix the contributory negligence on the deceased and secondly, the quantum has been incorrectly calculated treating his salary to be Rs. 10,000/- per month without making any deductions from the said salary. He further submits that any other claim which has been made in the appeal filed by the claimants for enhancement of compensation is unjustified and no such plea should be accepted by this Court.;