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2012 Supreme(Del) 2685

G.P.MITTAL
Sandeep Tomar & Anr – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


For the Appellant :Mr. Anil Gera with Mr. Rakesh Chaudhary, Advocates.
For the Respondent:Mr. Santosh Paul with Ms. Mohita Bagai, Advocates

JUDGMENT :

G. P. Mittal, J.

1. The Appeal is for enhancement of compensation of Rs. 67,000/- awarded for the death of Shivani Tomar, the Appellant's sister who died in a motor accident which occurred on 30.12.2003.

2. It was established on record that the deceased was an MBA from Kurukshetra University and was working as an Apprentice in R.K. Constructions Company and getting a stipend of Rs. 7000/- per month. The Trial Court held that the Appellants were highly placed persons and were not financially dependent on their deceased's sister Shivani Tomar. The Claims Tribunal declined to grant any compensation on account of loss of dependency and awarded a sum of Rs. 50,000/- only towards loss of love and affection. A notional sum of Rs. 10,000/- was awarded towards loss to estate and Rs. 7,000/- towards funeral expenses.

3. It is not in dispute that the Appellants were not financially dependent on the deceased. In fact, the deceased's father who also died in this very accident was running a partnership firm in the name and style of M/s. Tomar Construction Company having a turnover of Rs. 1.5 Crores per annum. A compensation of Rs. 2,17,33,666/- was awarded in the connected case in favour




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