ORIENTAL INSURANCE CO LTD Vs. MALKEET KAUR AND OTHERS
LAWS(P&H)-2016-5-588
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 26,2016

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Malkeet Kaur And Others Respondents

JUDGEMENT

- (1.) The present appeal has been preferred the Oriental Insurance Company Ltd., respondent No.3 in the claim petition, against the award dated 10.02.2016, passed by the learned Motor Accidents Claims Tribunal Kurukshetra, vide which, claimants-respondents No.1 to 4 have been awarded compensation to the tune of Rs.20,12,175/- on account of death of Shish Pal in the motor vehicular accident, which took place on 21.05.2015.
(2.) Learned counsel for the appellant contended that the learned Tribunal has wrongly awarded the future prospects towards the income of the deceased. He contended that learned Tribunal has treated the deceased to be semi skilled worker but there was no evidence that he was holding any permanent job, so no future prospects were required to be added to the income of the deceased. The learned Tribunal has wrongly added 30% of the income of the deceased towards future prospects. He further contended that respondent No.2 the insured has violated the terms and conditions of the insurance policy. The route permit of the vehicle was only valid for the State of Himachal Pradesh whereas the accident has taken place in the State of Haryana. Thus, he contended that the liability has been wrongly fastened on the appellant-Insurance Company.
(3.) I have duly considered the aforesaid contentions.;


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