National Insurance Co Ltd vs Mst Ghisi And Ors
2021 Latest Caselaw 687 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3875/2009

National Insurance Company Ltd., Branch Office, Ajmer Road,
Madan    Ganj,     Kishangarh,        Distt.      Ajmer          Through   Regional
Manager, Regional Office, Jeevan Nidhi, Ambedkar Circle, Jaipur.
                                                                      ----Appellant
                                    Versus
1.      Mst. Ghisi Devi W/o Late Shri Gordhan, R/o Garh Ka
        Darwaja, Khatik Mohalla, Roopgarh, Tehsil Kishangarh,
        Distt. Ajmer Raj.
2.      Smt. Lal D/o. Shri Gordhan, R/o Garh Ka Darwaja, Khatik
        Mohalla, Roopgarh, Tehsil Kishangarh, Distt. Ajmer Raj.
3.      Imran Khan S/o. Shri Abdul Hamid Khan, R/o Village
        Roopgarh, Tehsil Kishangarh, Distt. Ajmer. Driver Vehicle
        Mahindra Marshal No. RJ-01U-0038
4.      Firoz Khan S/o. Shri Abdul Hamid Khan, R/o Village
        Roopgarh, Tehsil Kishangarh, Distt. Ajmer. Owner Vehicle
        Mahindra Marshal No. RJ-01U-0038
                                                                   ----Respondents

For Appellant(s)          :     Mr. Praveen Jain
For Respondent(s)         :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

22/01/2021

This appeal has been preferred by the Insurance Company

against the judgment dated 05.06.2009 passed by learned MACT,

Kishangarh, Ajmer whereby, the claim petition filed by the

respondent nos. 1 and 2 was partly allowed.

Although, notices were issued to the respondents way back

in the year 2014; but, the same could not be served. Learned

counsel for the appellant, in all fairness, submits that the

(2 of 2) [CMA-3875/2009]

controversy involved in the appeal is squarely covered by latest

pronouncement of the Hon'ble Apex Court of India and may be

decided accordingly.

Heard the learned counsel for the appellant and perused the

record.

Learned Tribunal has, while deciding the Issue no.3,

assessed monthly income of the deceased at the rate provided

under the Payment of Wages Act, deducted 1/3rd of amount

towards personal expenses of the deceased and has multiplied the

amount so arrived representing the loss of dependency by 15,

keeping in view age of the deceased. I do not find any perversity

or illegality in the findings of the learned Tribunal requiring

interference by this Court under its appellate jurisdiction.

Resultantly, this miscellaneous appeal is dismissed being

devoid of merit.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /06

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