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2012 Supreme(Del) 2729

G.P.MITTAL
New India Assurance Company Limited. – Appellant
Versus
Manju Aggarwal – Respondent


Advocates:
Through:Mr. Pankaj Seth, Advocate
Through:Mr. Ajay Kumar Tandon, Advocate with Ms. Suman N. Rawat, Advocate.

JUDGMENT :

G. P. Mittal, J.

1. The Appellant New India Assurance Company Limited takes exception to the judgment dated 31.08.1998 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 5,00,000/- for the death of Ram Prakash Aggarwal, the Appellant’s plea of limited liability to the extent of Rs. 50,000/- in terms of the contract of Insurance between the Appellant and the Insured (the owner of the truck No.RSL-8765) was rejected. The Appellant was directed to pay the entire compensation of Rs. 5,00,000/- as awarded by the Claims Tribunal.

2. On appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of truck No.RSL-8765, by the Fourth Respondent and owned by the Fifth Respondent.

3. On the basis of the Income Tax Return (ITR), the Claims Tribunal found that the deceased Ram Prakash Aggarwal had returned the income of Rs. 40,590/- in the assessment year prior to his death; on applying the multiplier of ‘14’ the Claims Tribunal awarded a compensation of Rs. 5,00,000/-.

4. The finding on negligence and on quantum of compensation is not disputed either by the Appellant (th

































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