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2018 Supreme(SC) 44

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
SHRI NAGAR MAL – Appellant
Versus
ORIENTAL INSURANCE COMPANY LTD. – Respondent


JUDGMENT

Dr. D.Y. CHANDRACHUD, J

1. The present appeal has arisen from a judgment of the High Court of Judicature for Rajasthan at its Jaipur bench confirming the award of the Motor Accident Claims Tribunal (M.A.C.T.).

2. An accident took place on 15 November 2008 when at about 9 p.m. Sonu Kumar Goyal was proceeding on a motor cycle from Mandi Neem Ka Thana to his home. A truck bearing Registration No.RJ-32-GA-0398 dashed against the motor cycle as a result of which Sonu Kumar sustained grievous injuries and died on the spot. The third respondent is the registered owner of the motor vehicle which was insured with the first respondent. The appellants filed a claim for compensation before the Tribunal. By its order dated 16 July 2013 the Tribunal held that the accident was caused due to the negligence of the driver of the truck. The insurer was held jointly and severally liable together with the owner and driver.

3. While assessing the claim of compensation, the Tribunal noted that the deceased was a bachelor, aged 20 years. On the income of the deceased, the Tribunal did not accept the certificates for the months of August, September and October 2008 produced by the first appellant










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