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2016 Supreme(Del) 400

R.K.GAUBA
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Sameena Hasan – Respondent


Advocates:
Advocate Appeared:
Ms. Suman Bagga, Mr. Pankaj Gupta
Mr. Jatinder Kumar, for R-1 to 4

JUDGMENT :

R.K. Gauba, J.

1. A very short issue is raised in this appeal under Section 173 of Motor Vehicles Act, 1988 (“MV Act”) by the insurance company concerning claim case No.568/2014 decided by the Motor Accident Claims Tribunal (“the Tribunal”) by judgment dated 10.02.2015. The claim petition was filed by the first four respondents against the fifth respondent and the appellant insurance company for compensation on account of death of Mahboob Hassan in motor vehicular accident that occurred at about 8 AM on 01.09.2013 involving Tata Tempo Ace bearing registration No.DL 1RL 8185 (“the offending vehicle”) on Muradabad-Delhi Road, PS Garh Mukteshwar, Hapur. The fifth respondent herein was statedly the driver of the said vehicle which was admittedly insured with the appellant company against third party risk.

The Tribunal awarded compensation in the sum of Rs.15,63,705/- on the basis of multiplier of 15 having regard to the age of the deceased (38 years), adopting the notional income of Rs.7,722/- as per minimum wages for unskilled workers prevalent at that time, factoring in future prospects of increase in income to the extent of 50%, adding non-pecuniary damages in the sum of Rs.













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