United India Insurance Com. Ltd. vs Smt. Guddibai And 3 Ors.
2021 Latest Caselaw 5806 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Misc. Appeal No.1598/2013 (United India Ins. Co. Ltd. Vs. Smt. Guddibai and Others)

Indore, dated 21/09/2021 Heard through Video Conferencing.

Parties through their counsel.

This appeal by the Insurance Company is directed against the award dated 26/04/2013 passed in Claim Case No.57/2013 by II Additional Member, Motor Accident Claims Tribunal, Dhar.

At the outset Shri Anil Goyal, learned counsel for the appellant fairly submits that factum of accident, involvement of the offending vehicle, death of the deceased and insurance of the vehicle with the appellant Company are not disputed.

Learned counsel for the appellant confined his arguments on the quantum of compensation with submission that though the deceased was in service at the time of occurrence of accident but since he was about to retire in near future, therefore, the Tribunal ought to have considered his income with reference to pension payable and not the salary paid to him on the date of accident.

Learned counsel bolsters his submission relying upon the judgment delivered in the case of National Insurance Co. Ltd. Vs. Deepak and Others reported in 2009 ACJ 1493 (Gwalior Bench).

Upon perusal of the said judgment, this Court is of the view that the same is distinguishable on facts and has no bearing on the contention so advanced. Once the fact that deceased was in active service on the date of accident is undisputed, the Tribunal was justified having taken into consideration the salary paid to him as income for the purpose of calculation of the compensation. The appeal is devoid of merits and is accordingly dismissed.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.09.21 18:38:59 -07'00'