- (1.) This appeal has been filed by the appellant-United India Insurance Co. Ltd. against the order dated 4th July, 2011 passed by the Motor Accident Claims Tribunal, Khetri, Jhunjhunu on the premise that learned Tribunal erred in law while deciding all the issues in favour of the claimants and against the appellant Insurance Company without marshalling the evidence available on record. Contention of the learned Counsel for the appellant-Insurance Company is that as per record, the wife of the deceased Smt. Leelawati died before passing the final award and all the three sons of the deceased are of the age of 42, 28 and 25, respectively. Looking to their age therefore, they cannot be the dependents of the deceased. At the time of death of the deceased, only his wife Smt. Leelawati was his dependent, who died before passing the final award. Thus, there remain no dependent of the deceased at the time of passing the final award. learned Counsel for the appellant argued that apart from receiving pension, deceased was also imparting education to the students in Bharti Vidya Mandir Uchch Madhyamik Vidyalaya, Dadafatehpura, which is a private school. There, he was earning Rs. 8,370/- per month. The award of the learned Tribunal is therefore liable to be set-aside.
(2.) learned Counsel for intervener-respondent Nos. 2 to 4 opposed the appeal and submitted that a just and reasonable award has been passed by the learned Tribunal on cogent evidence available on record therefore, award may not be interfered with. However, he could not satisfactorily rebut the submission made by the learned Counsel for the appellant-Insurance Company on the above aspect of stable income of the deceased.
(3.) Having heard learned Counsel for the parties and perused the award, I find that though it is not in dispute that deceased was a pensioner receiving Rs. 9,906/- per month as pension. According to the learned Counsel for the appellant, apart from receiving pension, deceased was also imparting education to the students in Bharti Vidya Mandir Uchch Madhyamik Vidyalaya, Dadafatehpura, which is a private school. There, he was earning Rs. 8,370/- per month. learned Counsel for the appellant is justified to the extent of income of Rs. 8,370/- that was accepted as income on the premise that he was serving in a private school, cannot be taken as stable. In that school, evidence suggests that he was working from July, 1988. This could not be like a regular income of the deceased.;