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2010 Supreme(SC) 804

AFTAB ALAM, R.M.LODHA
Leela Gupta – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGEMENT

R.M. Lodha, J. Ganga Prasad Gupta--the deceased, the husband of the first appellant and father of second, third and fourth appellant, was killed in a motor accident on July 8, 1985. He was then aged 39 and was officiating Executive Engineer in the Irrigation Department, State of Uttar Pradesh. Had he lived, it would have been 18 years or so before he reached the age of superannuation (i.e. 58 years). After superannuation, he would have qualified for pension. His wife and three children filed a claim petition under Section 110A of the Motor Vehicles Act, 1939 (for short, `the 1939 Act') before the Motor Accident Claims Tribunal, Mirzapur (for short, `the Tribunal') against the respondents claiming compensation in the sum of Rs. 7,00,000/-. His gross salary on the date of accident was Rs. 2,680/- per month. The Tribunal held that deceased would have contributed Rs. 2,200/- per month (Rs. 26,400/- per year) to the family and by applying a multiplier of 18, reached the finding that the pecuniary loss to widow and children would be Rs. 4,75,200/- up to the age of his retirement. The Tribunal then deducted 1/3rd of the above considering the amount being paid in lump sum and unce


















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