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2016 Supreme(Del) 496

R.K.GAUBA
UNITED INDIA INSURANCE CO. LIMITED – Appellant
Versus
KHEM CHAND – Respondent


Advocate Appeared:
Mr. P. Acharya and Mr. K.L. Nandwani, Advocates.
Mr. B.R. Sharma, Advocate.

JUDGMENT :

R.K. GAUBA, J.

1. The award of compensation of the Motor Accident Claims Tribunal (the Tribunal) by judgment dated 10.04.2015 in claim case registered as Suit No. 699 of 2014 is challenged on three short grounds by the insurance company which otherwise admits its liability against third party risk respecting the offending vehicle.

2. In calculating the award of compensation on the petition brought by the parents of Praveen Kumar, who died in the motor vehicular accident on 24.09.2014 and who admittedly was a bachelor, the Tribunal has factored in future prospects to the extent of 50% even though the income of the deceased to the tune of Rs. 15,000/- from his business of leather garments was not strictly proved and, thus, the Tribunal adopted the minimum wages for unskilled workers at Rs. 8,554/- as the benchmark. The insurance company is also aggrieved for the reason that in calculating the loss of dependency, the Tribunal adopted the multiplier of 18, this having regard to the age (24 years) of the deceased rather than that of the mother, admittedly 45 years old at the relevant point of time. The insurance company further questions the levy of interest @ 9% per annum ple












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