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1991 Supreme(Del) 447

D.P.WADHWA, DALVEER BHANDARI
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
DARSHAN SINGH – Respondent


Advocates Appeared:
B.R.SABHARWAL

D. P. Wadhwa, J.

( 1 ) THIS is a Letters Patent Appeal against the Judgment dated 13th February, 1989 of the learned Single Judge whereby he held that the appellant Insurance Company was liable to pay a compensation of Rs. 1,35,000. 00 to the widow and minor son of deceased Rakesh Mohan Solan who died in motor accident on 28th June. 1979. Solan was driving his two-wheeler scooter and his minor daughter was a pillion rider. Both died in the accident caused by the truck bearing registration no. DHG 3315. Solan is survived by his widow Saroj and his minor son Neeraj and his aged parents. They are respondents 3 to 6. Respondent no. 1 is the driver of the offending truck and respondent no. 2 is the owner thereof.

( 2 ) LEARNED Motor Accident Claim Tribunal found that the deceased Solan was having an income of Rs. 1. 000. 00 p. m. out of which he was spending Rs 250. 00 per month on his personal expenses and dependency of his heirs is Rs 750. 00 per month. At the time of his death. Solan was aged 39 years. The learned Tribunal awarded Rs. l,35,000. 00 as compensation and limited the lability of the appellant Insurance Company to Rs. 50. 000. 00. Saroj, the widow and other heirs of the de





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