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2015 Supreme(Del) 242

G.P.MITTAL
Shriram General Insurance Co Ltd. z – Appellant
Versus
Kusum Lata – Respondent


Advocate Appeared:
For the Appellant:Manish Kaushik, K.L. Nandwani, Advocates
For the Respondents:R1 to R7, Rana Kunal With S.S. Malik, Advocates

JUDGMENT:-

G.P. Mittal, J.

1. The appeal is directed against the judgment dated 02.04.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.12,13,300/- was awarded in favour of Respondents no.1 to 7 for the death of deceased Narender Kumar, a bachelor who died in a motor vehicular accident which occurred on 29.09.2012.

2. On appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of the driver of truck bearing registration no.UP-17C-8151. The Claims Tribunal accepted the income of the deceased to be Rs.6656/- per month, deducted 50% towards personal and living expenses, added 50% towards future prospects and applied the multiplier of 18 to compute the loss of dependency as Rs.10,78,300/-. After awarding certain amount towards non-pecuniary damages, the overall compensation of Rs.12,13,300/- was awarded in favour of the Respondents.

3. The following contentions are raised on behalf of the Appellant:-

(i) It was a head on collusion and thus, there was contributory negligence on the part of the driver of the Maruti car bearing registration no.DL-2CN-1057;

(ii) The Claims Tribunal


































































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