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2012 Supreme(Del) 3201

G.P.MITTAL
United India Insurance Company Ltd. – Appellant
Versus
Jia Lal Prashar(Dr. ) – Respondent


Advocates:
Mr. Shivali Bansal, Adv. for Appellant.
Dr. Kanwal Sapra, Adv. for R-l , R-2.

JUDGMENT :

G. P. Mittal, J.:—(ORAL)

1. The Appeal is for reduction of compensation of Rs.44,83,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 & 2 for the death of Himanshu Prashar, who died in a motor vehicle accident which occurred on 13.05.2002.

2. The finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.

3. The Claims Tribunal by impugned judgment held that the deceased Himanshu Prashar was a final year student pursuing B.E. Industrial Production Engineering from BVB College of Engineering and Technology, Hubli. The Claims Tribunal referred to the testimony of deceased’s father as PW-1 who testified that the deceased would have been placed in the salary of Rs.6 lacs to Rs. 12 lacs per annum after completing the course. In the circumstances, the Claims Tribunal made assessment of the deceased’s income to be Rs.45,000/- per month, added 50% towards future prospects, deducted 50% towards personal and living expenses to compute the loss of dependency as Rs.44,55,000/-.

4. The Appeal is filed by the Appellant Insurance Company on the premise that the compensation awarded























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