G.P.MITTAL
Bhikhari Yadav – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent
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
C.H. Shah v. S.S. Malpathak & Ors. AIR 1973 Bom. 14
East India Trading Co. v. Badat & Co. AIR 1959 Bom. 414
Kamala Mangalal Vayani & Ors. v. United India Insurance Co. Ltd. & Ors. (2010)12 SCC 488
Lata Wadhwa & Ors. v. State of Bihar & Ors. (2001) 8 SCC 197
National Insurance Co. Ltd. v. Swaran Singh & Ors. 2004 (3) SCC 297
State (Delhi Administration) v. Brij Mohan 27 (1985) DLT 322
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