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2022 Supreme(SC) 1781

SANJAY KISHAN KAUL, ABHAY S. OKA
Bebi Giri – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Sudhir Naagar, Advocate, Mr. Anshuman Bal, Advocate, Mr. Mohit Singh, Advocate, for the Appellant; Mr. Abhishek Gola, Advocate, Mr. Viresh B. Saharya, Advocate, Mr. Akshat Agarwal, Advocate, Mr. Anshul Mehral, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. Heard learned counsel appearing for the appellant and the learned counsel appearing for the respondent. The appellant is the mother of one Amit Giri ('the deceased'). On 22nd September 2011, when the deceased was travelling by auto rickshaw, a truck insured with the respondent -Insurer, gave a dash to the auto rickshaw. The deceased succumbed to the injuries sustained in the accident. Initially, a claim petition under Section 166 of the Motor Vehicles Act, 1966 was filed by the appellant and one Ashok, the father of the deceased, who died during the pendency of the claim petition.

3. The age of the deceased was about twenty-two years at the time of the accident. The Motor Accident Claims Tribunal (the Tribunal) proceeded on the basis that the income of the deceased was Rs.6,422/- per month being the minimum wages payable at the relevant time. The Tribunal granted total compensation of Rs.7,14,448/- with interest thereon at the rate of 9 per cent per annum. The appellant filed an appeal for enhancement before the High Court, which has been dismissed by the impugned judgment.

4. After having heard the learned counsel appearing for the appellant and the learned

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