United India Insurance Co.Ltd vs Sube Singh And Others on 15 January, 2014
Counsel for the appellant has urged that the Tribunal had
wrongly assessed the income of the deceased as Rs.9,000/- as she was a
housewife also and some addition towards the services rendered to the
family and at least Rs.5000/- should have been added to calculate the
income. It was urged that the deduction of 10% was wrongly made as there
was no plea or evidence that the deceased had contributed in the accident
and at the most it can be said that she was negligent in not wearing the
helmet and this cannot be taken as a component for reduction of the
compensation. It was urged that there should have been addition of 50%
towards future prospects and the Tribunal should have awarded one lac
under the head of loss of consortium and Rs.1 lac for loss of her estate and
Rs.1 lac for love and affection for the minor child. Reliance was placed
upon United India Insurance Co. Ltd. v. Sube Singh and others(FAO
No.218 of 2014, decided on 15.01.2014), Jitendera Khimshankar Trivedi
and others v. Kasam Daud Kumbhar and others, 2015(1) Law Herald
2 of 4
::: Downloaded on - 10-07-2017 03:38:45 :::
FAO No.10431 of 2014 -3-
(SC) 657, Paramjit Singh and another v. Dilbagh Singh alias Bagga and
others, 2014 (4) AICJ 65, Vimal Kumar and others v. Kishore Dan and
others, 2013 (2)RCR(Civil), 945, Rupinder Sharma alias Komal Sharma
and others v. SPR Basant Kumar and another, 2013 (4) TAC 546 and
India Lease Development Ltd. v. Savita and others, 2013 (2) AICJ 563.