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2015 Supreme(Del) 599

G.P.MITTAL
Reliance General Ins Co. Ltd. – Appellant
Versus
Prem Lata – Respondent


Appearing Advocates:
For the Petitioner:K.L. Nandwani, Manish Kaushik, Advocates.
For the Respondents:R5, Dev P. Bhardwaj, Advocate.

Judgment :-

1. The Appellant Reliance General Insurance Company Limited impugns the judgment dated 05.01.2012 whereby compensation of Rs. 8,83,368/- was granted in favour of Respondents no.1 to 3 for the death of Budhmeshwar Singh, who suffered fatal injuries in a motor vehicular accident which occurred on 01.04.2010.

2. It is urged by the learned counsel for the Appellant that although the Claims Tribunal rightly took minimum wages of an unskilled worker to award loss of dependency but it erred in adding 50% to the same towards inflation which is against the report of the Supreme Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., (2013) 9 SCC 65.

3. It is further contended that in case of a bachelor, deduction towards personal and living expenses ought to have been 50% instead of 1/3 taken by the Claims Tribunal.

4. It is also urged that in the Claim Petition, the Appellant successfully proved the breach of terms and conditions of the insurance policy, yet the Appellant was made liable to pay the compensation with a right to recover the same from the owner and the driver. It is stated that since the Appellant proved breach of the terms and conditions of the insurance policy, it wa










































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