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2022 Supreme(SC) 1093

M. R. SHAH, M. M. SUNDRESH
Shiv Kumar – Appellant
Versus
Gainda Lal – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vikas Kumar, Adv. Mr. Manish Paliwal, Adv. Ms. Parul Mankal, Adv. For M/s Corporate Legal Partners, AOR
For the Respondent(s): Ms. Sakshi Mittal, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh in First Appeal No.854 of 2014, the original claimants have preferred the present appeal to enhance the amount of compensation.

2. That the wife of the appellant no.1 died in a vehicular accident. At the relevant time, the deceased was aged 25 years and was a housewife. The Motor Accident Claim Tribunal awarded Rs.19,12,200/- with the interest at the rate of 7.5% towards the compensation under different heads. The Learned Tribunal awarded the loss of dependency at Rs.3,24,000/- considering the income of the deceased at Rs.1,500/-per month. As at the relevant time the deceased was pregnant, the learned Tribunal also awarded Rs.50,000/- for foetus. Learned Tribunal awarded Rs.19,12,200/- under different heads :

Head of Claim

MACT

Income

1500/-­pm

Future Prospect

-

Loss of Dependency

(Annual Income after adjusting deductions and future prospects *Multiplier)

Rs.3,24,000/­-

Medica

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