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2022 Supreme(SC) 1167

SANJAY KISHAN KAUL, ABHAY S. OKA
Kalloo (since deceased) through heirs – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sharve Singh, Adv., Mr. Neerja Singh, Adv., Mr. Gaurav, AOR
For the Respondent: Mr. Rohit K. Sinha, Adv., Mr. T. Mahipal, AOR, Mr. Indrajeet, Adv.

ORDER :

1. Leave granted.

2. The appellants are the legal representatives of the original claimant who had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of the death of Sushil Kumar in a motor accident. The said Sushil Kumar (for short ‘the deceased’) was the son of the original claimant Kalloo.

3. The accident took place on 6th May 1986 on Allahabad Pratapgarh Road. The deceased was knocked down by a truck insured by the respondent-insurance company. The age of the deceased was 16 years at the time of the accident. The Tribunal accepted the case made out by the claimants that the deceased was working as a labourer while learning the skill of a mason. By taking his income at Rs.700-800 per month, the Tribunal granted compensation of Rs.72,000/- with interest.

4. In the appeal preferred by the present appellants, the High Court enhanced the compensation to Rs. 85,000/-. The appellants are praying for further enhancement in this appeal.

5. The submission of the learned counsel for the appellants is that the evidence on record


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