M. R. SHAH, C. T. RAVIKUMAR
Sarup Singh @ Ram Sarup – Appellant
Versus
HDFC Ergo General Insurance Company Ltd. – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court reducing the amount of compensation from Rs. 20,64,000/- as awarded by the learned Motor Accident Claims Tribunal (hereinafter referred to as the “Tribunal”) to Rs.11,34,136/- alongwith interest @ 6% p.a., the original claimants have preferred the present appeals.
2. The deceased at the time of accident was of 28 years of age. The original claimants – wife of the deceased, minor daughter, father and sister of the deceased filed the claim petition before the Tribunal. The learned Tribunal considered the notional income of the deceased at Rs. 10,000/- per month and thereafter adding 30% towards the future prospect and thereafter deducting 1/4th towards the personal expense of the deceased, awarded Rs. 19,89,000/- under the head loss of dependency. The learned Tribunal also awarded Rs. 25,000/- towards loss of consortium or loss of love and affection and Rs. 50,000/- under the conventional head (funeral expenses and loss of estate). Thus, the learned Tribunal awarded a total sum of Rs.20,64,000/- with interest @ 9% p.a. towards the compensation for the death of the
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