Insurance Appeal Rejected: Tribunal Upholds Rs.22,000 Income and Awards Enhanced Consortium.
05 February 2024
Insurance Claim/Money Rejected >> Insurance
In Branch Manager, Reliance General Insurance Company Ltd., New Shahpuri Kolhapur v/s Aasawari Amit Yetale & Others., the appellant (Insurance Company) challenged the compensation awarded by the Motor Accident Claims Tribunal. The appellant argued that the deceased's income was considered too high, at Rs.22,000 per month, without sufficient evidence. The appellant also contended that the provident fund amount of Rs.5,00,000 should be deducted from the compensation and claimed contributory negligence by the deceased, as he was not wearing a helmet at the time of the accident.
The respondents (claimants) asserted that the deceased was earning Rs.22,000 per month, which was corroborated by evidence from witnesses, including the deceased's salary records and bank statements. The Tribunal determined the income to be Rs.22,000 per month based on the evidence provided, and it found no merit in the appellant's claim for deducting the provident fund amount, as it was a separate entity from the compensation. Additionally, the Tribunal ruled that there was no evidence of contributory negligence by the deceased, as the accident was caused by the driver of the offending vehicle.
The Tribunal had initially awarded a consortium amount only to the first claimant (the wife of the deceased), but it was decided that each claimant was entitled to Rs.48,000, increasing the total consortium amount to Rs.98,000 for the claimants.
The appeal was dismissed, and the Insurance Company was directed to deposit the enhanced compensation amount along with interest. The claimants were allowed to withdraw the deposited amount.