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2022 Supreme(SC) 1794

SURYA KANT, ANIRUDDHA BOSE
Mukesh Babu Bhardwaj – Appellant
Versus
Shriram General Insurance Co. Limited – Respondent


Advocates Appeared:
Mr. Lokesh Kumar Choudhary, Advocate, Mr. Mohan Lal Sharma, Advocate, Mr. Ashish Sisodia, Advocate, Mr. Ajay Kumar Rai, Advocate, for the Appellant; Ms. Meenakshi Midha, Advocate, Ms. Pritika Juneja, Advocate, Ms. Versha Singh, Advocate, Mr. Chander Shekhar Ashri, Advocate, for the Respondent.

ORDER

1. Leave granted

2. The appellants are parents of Divyanshu Bhardwaj, who died in a road accident with a truck owned by Respondent No.2 which hit the bike the deceased was riding on. The deceased was 2nd year B.Tech. student at the time of his unfortunate accidental death.

3. The appellants filed a Claim Petition under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal, Hathras, U.P. awarded compensation of Rs.11,74,500/- along with 7% interest.

4. Respondent No.1 - Insurance Company challenged the aforesaid award in an appeal before the High Court and vide impugned Order, the High Court has reduced the compensation to Rs.10,74,500/-. While doing so, the High Court has assessed the income of the deceased at the time of his death as Rs.6000/- per month. On the other hand, the Tribunal had concluded the monthly income of the deceased to Rs.10,000/-

5. We have heard learned counsel appearing for the parties and gone through the record.

6. It has been categorically recorded by the Tribunal that the 'opposite party had not placed any documentary or oral evidence in support of their version'.

7. It is undeniable that the appellants have led positive evidence to establish

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