SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Del) 2274

G.P.MITTAL
Bhikhari Yadav – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent


Advocates:
PRESENT:Mr. Joy Basu, Advocate for Appellants.
Mr. Advocate (Appearance not given).

JUDGMENT :

G.P. Mittal, J.

1. These two Appeals arise of the common judgment in suit No.429/2010 titled Asha v. Bhikhari Yadav & Ors. and Suit No.473/2010 titlted Asha & Ors. v. Bhikhari Yadav & Ors. The claims relate to death of one Dharmesh, who was aged about 25 years and one Sumit (Dharmesh’s son) who was aged about four years at the time of the accident which took place on 19.04.2009. During inquiry before the Tribunal, it was claimed that Dharmesh was working as a driver with Mrs. Mamta Dutt and was getting a salary of Rs. 7,000/- per month. In the absence of any cogent evidence as to the deceased’s income, the Tribunal took the minimum wages of a skilled worker as the deceased’s income and computed the loss of dependency as Rs. 11,29,680/-. After adding notional sums under conventional heads an overall compensation of Rs. 12,29,680/- (including the interim compensation) was awarded. Regarding death of Sumit, while relying on Lata Wadhwa & Ors. v. State of Bihar & Ors., (2001) 8 SCC 197 and a judgment of this Court in National Insurance Co. Ltd. v. Farzana & Ors.2009 ACJ 2763, the Tribunal awarded a compensation of Rs. 3,75,000/- (including the interim compensation).

2. The Appe










































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top