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2015 Supreme(Del) 3996

JAYANT NATH
New India Assurance Co. Ltd. – Appellant
Versus
Afsana Khatoon – Respondent


For the Appellant :Mr. J.P.N. Shahi, Advocate.
For the Respondent Nos. 1 to 4:Mr. Ai Murtaza and Ms. Tarannum Rani, Advocates.
For the Respondent No. 6/ Vikram Chopra: Mr. Sanjeev Behl, Advoacte.

JUDGMENT :

Jayant Nath, J.

1. By the present appeal the appellant seeks to impugn the Award dated 27.04.2013.

2. The brief facts which led to the filing of the present claim petition are that on 26.06.2012 Sh. Muzzaffar Ali, the deceased was travelling in an auto rickshaw. When he reached in front of GATTA factory, the auto rickshaw in which he was travelling was hit by a Tata 407 truck said to be driven rashly and negligently at a high speed. Sh. Muzzaffar suffered injuries and died on the way to the hospital.

3. Based on the evidence on record, the Tribunal concluded that the accident took place due to rash and negligent driving of the truck driver, namely, respondent No. 5.

4. On compensation, the Tribunal awarded Rs. 12,18,128/-. The Tribunal took the minimum wages of an unskilled workman which were at the relevant time were Rs. 7020/- per month, added 30% for future prospects, deducted 1/3rd for personal expenses and used a multiplier of 16 keeping into account that the age of the deceased was 32 years at time of the accident. Loss of dependency was hence calculated at Rs. 11,68,128/-.

5. Learned counsel appearing for the appellant has submitted that a perusal of the Award shows th














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