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2022 Supreme(SC) 1879

SANJAY KISHAN KAUL, ABHAY S. OKA
Vijay Kumar Singh – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Jagdish Kumar Chawla, Advocate, Mr. Lokesh Kr. Mishra, Advocate, Mr. Anurag, Advocate, for the Appellant; Mr. K. K. Bhat, Advocate, Mr. Divyam Garg, Advocate, Mr. Ranjan Kumar Pandey, Advocate, for the Respondent.

ORDER

Leave granted

1. The appellants are the original claimants in the Claim Petition filed under Section 166 of the Motor Vehicles Act, 1988. The appellants claimed compensation on account of death of one Deepak Kumar in a motor accident. The first appellant is the father of the said Deepak Kumar ('the deceased'). The second and the third appellants are his brothers.

2. When the deceased was getting his motorcycle repaired from a shop on the left side of a road, a vehicle insured with the respondent - Insurance Company came in a high speed and gave a dash to the deceased. He sustained injuries, which turned out to be fatal. The Motor Accidents Claims Tribunal (for short, 'the Tribunal') accepted the case of the appellants that the deceased was employed in a private company at the salary of Rs.7000/- per month. The Tribunal added 50% towards future prospects of increase in earnings and deducted 50% on account of personal expenses of the deceased. By applying multiplier of 11 and by granting total compensation of Rs.60,000/- under the conventional heads of loss of consortium, fune

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