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2014 Supreme(SC) 948

DIPAK MISRA, V.GOPALA GOWDA
National Insurance Co. Ltd. – Appellant
Versus
Pushpa – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Meera Agarwal, Ramesh Chandra Mishra and Dhiman Amarjeet Singh, Advs.

ORDER

1. Delay condoned.

2. Issue notice returnable in four weeks.

3. Learned Counsel for the Petitioner has prayed for grant of stay. Regard being had to the totality of circumstances, it is directed that Petitioner-insurer shall deposit a sum of Rs. 20,00,000/- (Rupees twenty lakhs only) before the tribunal within four weeks and the tribunal shall distribute it proportionately as per the directions given in its award.

4. The Respondent Nos. 1 to 7, the legal heirs of deceased, Kamalesh Mewada, filed a claim petition MACP No. 194 of 2010 before the MACT, Kekri Ajmer, Rajasthan, Under Section 166 of the Motor Vehicles Act, 1988 (for brevity "the Act") for grant of compensation amounting to Rs. 1,55,55,000/- along with interest at the rate of 12% per annum from the date of filing of the claim petition. On the basis of evidence brought on record the tribunal awarded a sum of Rs. 27,35,744/- with 6% interest payable jointly and severally by the owner, driver and the insurer.

5. As is evincible from the award passed by the tribunal, the aforesaid amount was determined as compensation on the basis that the deceased was aged about thirty years and his income was Rs. 13,300/- per month. The tr
























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