RAM GENERAL INSURANCE COMPANY LTD Vs. NEETU AND ORS
LAWS(P&H)-2014-8-506
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2014

Ram General Insurance Company Ltd Appellant
VERSUS
NEETU AND ORS Respondents

JUDGEMENT

- (1.) The appellant-Shri Ram General Insurance Company Limited has filed the present appeal challenging the Award dated 21.04.2014 passed by the learned Motor Accident Claims Tribunal, Palwal, (hereinafter referred to "learned Tribunal") whereby an amount of Rs. 19,55,900/- along with interest at the rate of 7.5 % per annum from the date of filing of the claim petition till actual realization was awarded to the claimants (six in numbers).
(2.) Learned counsel for the appellant has raised the following arguments:- The claimants have failed to substantiate that Dalbir Singh (since deceased) was a permanent employee, therefore, addition of 50% of his income as future prospects is against law; Ranbir (father), Ms.Geeta and Annu (sisters) of Dalbir Singh (since deceased) were not entitled to the compensation awarded by the learned Tribunal; and The deduction of 1/4th from the income of the deceased for personal expenses was on lower side, in fact, 1/3rd should have been deducted from the income of Dalbir Singh as personal expenses.
(3.) Brief facts of the case are that on 03.01.2013 at about 7.00/7.15 p.m, Dalbir Singh (since deceased) was coming on foot from HPL Additives Limited, Dudhola, towards his village Amru. In the meantime, the offending vehicle, i.e Eicher Canter bearing No.HR-38Q-2296, being driven by Sanjay in a rash or negligent manner and at a high speed came from village Amru and hit Dalbir Singh (since deceased) resulting into his death. The matter was reported to the police on the basis of which FIR No.10 dated 04.01.2013 for the offences punishable under Sections 279 and 304-A, IPC, was registered against Sanjay at Police Station, Sadar, Palwal.;


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