FAO No.3416 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3416 of 2011 (O&M) Date of Decision. 06.05.2011 ICICI Lombard General Insurance Co., Sector 8-C, Chandigarh through Sh. Nigam Bhardwaj (Manager Law) ......Appellant Versus Raj widow of Mohinder Kumar son of Vijay Pal and others .....Respondents Present: Mr. Ravinder Mohan Suri, Advocate, for Mr. Sandeep Suri, Advocate, for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the Reporters or not ? No. 3. Whether the judgment should be reported in the Digest? No. -.- K. KANNAN J.(ORAL) 1. The only point urged in this appeal by the insurer, who had the benefit of defence under Section 170 of the Motor Vehicles Act, is that the income has been assessed on the higher side. He was the driver of the jeep and the Tribunal had taken the income at Rs.7,000/- per month. The relatively higher income taken is only on account of the fact that he was also the owner of vehicle and that another component to what he could have earned as an owner of the vehicle, apart doing the services of a driver. The Tribunal was, under the circumstances, justified in taking the income at Rs.7,000/-. I will not find that to be affording a ground for an insurer to contend that the amount has been taken on the higher side. I find that the compensation has been assessed taking the income on appropriate basis and I will not find any FAO No.3416 of 2011 (O&M) -2- reason to interfere with the same. 2. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 06, 2011 Pankaj*