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2023 Supreme(SC) 847

A. S. BOPANNA, PRASHANT KUMAR MISHRA
Kubrabibi – Appellant
Versus
Oriental Insurance Co Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abdul Rasheed Qureshi, Adv., Mr. Dharmendra Kumar Sinha, AOR
For the Respondent: Mr. Rajesh Kumar Gupta, Mr. S.L. Gupta, Adv., Mr. Asutosh Sharma, Adv., Ms. Gunjan Sharma, Adv., Mr. Varinder Kumar Sharma, AOR, Mr. Kuldeep Singh Tomar, Adv.

JUDGMENT :

1. Leave granted.

2. Heard learned counsel for the appellants as also learned counsel for the respondents and perused the appeal papers.

3. In respect of the accident which occurred on 14.11.2000 wherein the husband of the appellant/claimant No.1 and father of the appellants/claimants Nos. 1 and 2 had expired, the Motor Accidents Claim Tribunal (For short `MACT’) has awarded the compensation of Rs.11,87,000/-with interest @ 7.5% per annum.

4. The Insurance Company had assailed the said Award before the High Court. The High Court through its judgment dated 05.03.2019 has allowed the appeal in part and reduced the compensation to Rs.4,75,000/-.

5. The claim of the appellants was that the deceased was aged about 35 years at the time of accident and was working as a mechanic and was also running a jeep as transport business. In that view, it was claimed that as a mechanic, he was earning Rs.5,000/- per month and a further sum of Rs.3,000/- per month by running the jeep for transport on hire. The MACT having referred to the evidence which was tendered has reckoned the income at Rs.6,000/-per month and has awarded the compensation of Rs.11,87,000/-. The High Court while reducing th

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