ICICI LOMBARD GENERAL INSURANCE COMPANY LTD , JAIPUR Vs. NARAYANI DEVI & ORS
LAWS(RAJ)-2013-9-421
HIGH COURT OF RAJASTHAN
Decided on September 25,2013

Icici Lombard General Insurance Company Ltd , Jaipur Appellant
VERSUS
Narayani Devi And Ors Respondents

JUDGEMENT

- (1.) Heard learned counsel for the appellant.
(2.) This appeal is directed against judgment and award dated 06.06.2013 passed by the Motor Accident Claims Tribunal, Jaitaran ('the Tribunal'), whereby, for the death of one Kuldeep Singh, compensation to the tune of Rs.18,10,800/- alongwith interest has been awarded by the Tribunal.
(3.) It is submitted by learned counsel for the appellant that excessive compensation has been awarded by the Tribunal as amount under various heads have been awarded without taken into consideration the facts involved in the present case. The award of compensation under the head of future prospects was contested. It was also submitted that three brothers of the deceased were claimants and taking the dependents as seven, 1/5 th deduction for personal expenses only has been made, which is contrary to the law laid down by Hon'ble Supreme Court. It was further submitted that as the deceased was a government servant not only that compassionate appointment is likely to be granted to the family, pension to the tune of Rs.5,500/- per month and Rs.7,00,000/- as a one time payment has been awarded to the family and, consequently, the said aspect should have been considered by the Tribunal while awarding the compensation for loss of income.;


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