ASHA ARORA,J. - (1.) C.A.N. 1413 of 2017 is an application for withdrawal at the instance of the claimant/respondent no.1 in the appeal (hereafter the 'claimant'). While hearing the application, we have examined the merits of the appeal treating it as on day's list with the consent of the parties. We propose to dispose of the appeal as well as all the connected applications here and now.
(2.) The claimant had approached the tribunal with an application under section 163A of the Motor Vehicles Act, 1988 (hereafter the 'Act') after her son, a 20 year old young man, died in a motor accident. Although it was claimed in the claim application by the claimant that the victim was in service and was earning Rs. 3,300/- per month, the answer of the claimant to serial number-5 of the form prescribed for filing claim applications would reveal that she had withheld the name and address of the victim's employer and intended to disclose the same at the time of trial. In course of trial, the claimant had been duly cross-examined by the insurance company. She reiterated that the victim was employed as a sweeper in a particular place but did not disclose the name and address of the victim's employer. Despite such non-disclosure, the tribunal proceeded to determine compensation reckoning Rs. 3,000/- as the monthly income of the victim prior to his untimely death. Although, according to the tribunal, the claimant was entitled to Rs. 5,80,500/- but had asked for compensation in a sum of Rs. 4,00,000/- only, she was awarded Rs. 4,00,000/- together with simple interest @ 8% per annum from the date of filing of the claim application till realisation.
(3.) The said award (dated January 28, 2015) is the subject matter of challenge in this appeal at the instance of the appellant-insurer.;