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2016 Supreme(Del) 396

R.K.GAUBA
Oriental Insurance Co. Ltd. – Appellant
Versus
Lekharaj @ Lekh Raj – Respondent


Advocates:
Advocate Appeared:
Mr. A.K. Soni
Mr. Rajnish K. Jha

JUDGMENT :

R.K. Gauba, J.

1. The insurance company is in appeal primarily questioning the quantum of compensation awarded on the petition under Section 166 read with Section 140 of Motor Vehicles Act, 1988 (MV Act) presented by the first and second respondents on 08.10.2013 before the Motor Accident Claims Tribunal (“the tribunal”), registered as case No. 422/2014, by judgment dated 12.05.2014 granting Rs. 13,64,784/- on account of death of Charan Singh in motor vehicular accident that occurred at about 10.15 p.m. on 09.09.2013 near Gopal Pur Red Light on outer ring road, Timar Pur, Delhi involving collision between his motorcycle and truck bearing registration No. PB 10BM 4015 (the offending vehicle).

2. The deceased was unmarried, aged 26 years old, on the date of accident. Concededly, the claimant’s parents were unable to muster proof of his income. The tribunal assumed his income notionally at Rs. 8,528/- on the basis of minimum wages payable for a non-matriculates at the relevant point of time, factored in the prospect of future increase in income, applied the multiplier of 17 to award the compensation for loss of dependency, adding Rs. 25,000/- each on account of loss of love an
















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