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2015 Supreme(Del) 561

G.P.MITTAL
Tata Aig General Insurance Co. Ltd. – Appellant
Versus
Kusum – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shantha Devi Raman, Advocate.
For the Respondents:R1 to R6, S.N. Parashar, Advocate.

Judgment :-

1. The appeal is for reduction of compensation of Rs.20,12,152/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 to 6 for the death of Shiv Shankar, who suffered fatal injuries in a motor vehicular accident which occurred on 30.06.2011.

2. The following contentions are raised on behalf of the Appellant Insurance Company:

(i) In the absence of any evidence with regard to the deceased’s income, the Claims Tribunal rightly took the minimum wages of an unskilled worker but illegally added 50% towards future prospects/inflation, which was not permissible; and

(ii) The compensation awarded towards non-pecuniary damages is on the higher side.

3. On the other hand, the learned counsel for Respondents no.1 to 6 urges that the compensation awarded is just and reasonable.

4. In the claim petition, it was claimed that the deceased was employed as a salesman and was earning Rs.10,000/- per month. No evidence with regard to the deceased’s employment or his salary was produced. Thus, the Claims Tribunal rightly took the minimum wages of an unskilled worker to compute the loss of dependency. However, at the same time, there was no eviden









































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