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2015 Supreme(Del) 866

G.P.MITTAL
SHRIRAM GENERAL INSURANCE COMPANY – Appellant
Versus
MADAN LAL – Respondent


Advocates:
Advocate Appeared:
For The Petitioner: Mr. Manish Kaushik, proxy counsel for Mr. K.L. Nandwani, Adv.
For The Respondent: Mr. Nagender Deswal, Adv. for R-1 & R-2.

Judgment :

G. P. MITTAL, J.

1. The Appellant Shriram General Insurance Company Limited impugned the judgment dated 12.07.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.8,38,752/- was awarded in favour of Respondents no.1 and 2.

2. There is twin challenge to the impugned judgment. First, there was no negligence on the part of Respondent no.3, driver of the vehicle involved in the accident and second, deceased Tarun Kumar was not in permanent employment. The Claims Tribunal erred in making an addition of 50% towards future prospects.

3. Learned counsel for Respondents no.1 and 2 supports the impugned judgment.

NEGLIGENCE

4. The Claims Tribunal dealt with the issue of negligence in paras 10 and 11 of the impugned judgment which are extracted hereunder:-

“10. I have gone through the material on record. It is recorded in the FIR that there was some oil spilt on the road and due to which the motorcycle on which the deceased was riding, slipped and a bus no. DL-1PC-6991 driven rashly and negligently, hit Sh. Tarun Kumar. 11. It is












































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