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2020 Supreme(SC) 411

NAVIN SINHA, B.R.GAVAI
RAJENDRA SINGH – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates Appeared:
For the Parties :Aman Malik, Yunus Malik, Anish Maheshwari, Samir Malik, Gautam Das, Kazim Raza, Sunil Kumar Sethi, C. M. Gopal, Sanjay Kumar Dubey, Shuchi Singh, Krishna Kant Dubey Advocates

JUDGMENT

Navin Sinha, J.

Leave granted.

2. The High Court by the impugned order dismissed two appeals arising from separate orders of the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) deciding two accident compensation claims. The appellants had claimed further enhancement of compensation.

3. The deceased in the first appeal was a housewife aged about 30 years. The second deceased was her daughter aged about 12 years. The claimants are the husband/father of the deceased and three minor siblings. The two deceased on 25.12.2012 were travelling in a horse cart along with some others to a religious congregation. The horse cart was hit by a bus resulting in their death. The Tribunal assessed the notional income of the first deceased at Rs.36,000/ per annum and after 1/4th deduction towards personal expenses, with a multiplier of 17 awarded a compensation of Rs.4,59,000/. The Tribunal then deducted 50% on ground of contributory negligence as the horse cart was stated to have been in the middle of the road when the accident took place. A sum of Rs.1,00,000/ was then added as loss of consortium and Rs.25,000/ towards funeral expenses leading to an award total of Rs.3


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