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2015 Supreme(Del) 638

G.P.MITTAL
Reliance Gen Ins Co Ltd. – Appellant
Versus
Nageshwar Mishra – Respondent


Appearing Advocates:
For the Appellant:Shoumik Mazumdar, Advocate.
For the Respondents:R1 & R2, Satish Kumar, Advocate.

Judgment :-

1. The appeal is for reduction of compensation of Rs.6,13,652/- awarded in favour of Respondents no.1 and 2 for the death of their bachelor son Sanjay Mishra, who suffered fatal injuries in a motor vehicular accident which occurred on 14.11.2008.

2. During inquiry before the Claims Tribunal it was claimed that the deceased was doing private service and was getting a salary of Rs.7,000/- per month. It was also claimed that the accident was caused on account of rash and negligent driving of the car bearing registration no.HR-51-V-0258.

3. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the car bearing registration no. HR-51-V-0258 by its driver Rupender Singh.

4. In the absence of any cogent evidence with regard to deceased’s income, the Claims Tribunal took the minimum wages of an unskilled worker, added 50% towards inflation and adopted a multiplier of 17 to compute the loss of dependency as Rs.5,63,652/-.

5. The Claims Tribunal further awarded a sum of Rs.50,000/- towards non-pecuniary damages to





























































































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