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2014 Supreme(Del) 2213

JAYANT NATH
National Insurance Company Ltd. – Appellant
Versus
Moti Ram – Respondent


Advocate Appeared:
For the Appellant:Pankaj Seth, Shoumik Mazumdar, Advocates.
For the Respondents:S.N. Parashar, Advocate.

Judgment

Jayant Nath, J.

1. The present appeal is filed by the appellant seeking to impugn the Award dated 04.02.2011. The claim petition was filed by Respondents no. 1 and 2 under sections 166 and 140 of the M.V. Act, 1988.

2. The brief facts are that on 11.08.2006, the deceased Sh.Ganpat @Raju was going to market in South Delhi. He was waiting for a bus at the bus stand of Brar Square Ring Road, Dhaula Kuan. A bus driven in a rash and negligent manner by Respondent no. 3 ran over Shri Ganpat. He received head injuries and was taken to Safdarjung Hospital then to Ganga Ram Hospital and lastly to AIIMS where he was declared brought dead on 12.08.2006.

3. Based on the evidence on record, the Tribunal held that the accident took place due to the rash and negligent driving of Respondent no. 3.

4. On compensation, the Tribunal awarded the following amount:

i) Loss of income Rs.10,12,500/-

ii) Love and affection Rs.80,000/-

iii) Funeral changes Rs.20,000/-

Total Rs.11,12,500/-

5. The Tribunal had assessed the income of the deceased as per the Salary certificate (Ex.PW-3/3). The certificate states the income as Rs. 8,500/- per month. After deducting the amount given for conveyance, the tribunal c















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