UNITED INDIAN INSURANCE COMPANY LIMITED Vs. UJWALA SALGONKAR

JUDGEMENT

(1.) The insurer has taken exception to the judgment by the learned Motor Accident Claims Tribunal (MACT) dated 14.11.2018 questioning the quantum of compensation awarded in favour of the respondent nos.1, 2 and 3 and with the interest thereon calculated at 9% per annum till full and final payment.

(2.) A petition came to be filed by the respondent nos.1, 2 and 3 on the death of Saish Salgaonkar, the son of the first respondent and the brother of the second and third respondents claiming compensation from the appellants herein alongwith the interest thereon from the driver and owner of the vehicle in question. The learned MACT was pleased to award the compensation of Rs. 14,40,800/- with interest thereon at 9% per annum till full and final payment and fastening the liability on the appellants herein and the driver and owner being jointly and severally liable to pay the compensation to the said respondents.

(3.) Heard Shri A.R. S. Netravalkar, learned Advocate for the appellant who contended that there was no material placed on record on behalf of the said respondents to establish the employment of the deceased nor was any muster roll placed on record despite the examination of the so called employer. The said respondents had also not placed any bank passbook on record and therefore, there was no basis for the learned MACT to fix the income of the deceased at Rs. 9,000/- per month and award the compensation as it did. He placed reliance in Rani Vs. National Insurance company Ltd. and others,{Civil Appeal Nos. 9078 - 9079 of 2017}, to buttress his contention that in the absence of any proof of income, the learned Tribunal was in error to fix the income of the deceased at Rs. 9000/- per month and award the compensation as it did which was exorbitant. The said respondents had neither proved the income nor the employment of the deceased and the learned MACT could at the highest have taken the income of the deceased at Rs. 4000/-per month and computed the compensation appropriately while praying for a reversal of the judgment of the learned MACT.