R.K.GAUBA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
KAMLESH KUMARI – Respondent
R.K.GAUBA, J.
1. The insurance company is in appeal questioning the computation of compensation granted to the claimant (first respondent herein) by the Motor Accident Claims Tribunal (the tribunal) on the claim petition under Sections 166 & 140 of Motor Vehicles Act, 1988 (the MV Act) registered as Suit no. 86/2011, on account of death of her son Mohit Kumar Gupta (the deceased), aged 24 years, in a motor vehicular accident that occurred on 22.12.2009 at about 05:47 pm, involving a bus bearing registration no. DL-1PB-3927 (the offending vehicle) which admittedly was insured with the appellant/insurance company against third party risk for the period in question.
2. The tribunal assessed the compensation at Rs.20,04,000/- and awarded interest @ 7.5% p.a. in favour of the claimants, calculating the loss of dependency to the tune of Rs.19,44,000/-. It is this computation of loss of dependency which is the bone of contention in the appeal at hand.
3. The tribunal accepted the evidence of Deepak Gandhi (PW4), the Territory Manager, HDFC Bank Ltd. to the effect that the deceased was engaged with their Bank on contractual basis for a period of one year receiving basic salary of Rs
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U.P.S.R.T.C. vs. Trilok Chandra (1996) 4 SCC 362
New India Assurance Co. Ltd. vs. Charlie AIR 2005 SC 2157
New India Assurance Co. Ltd. vs. Shanti Pathak (Smt.) & Ors.
Ramesh Singh & Anr. vs. Satbir Singh & Anr. (2008) 2 SCC 667
National Insurance Company Ltd. vs. Shyam Singh & Ors. (2011) 7 SCC 65
Ashwinbhai Jayantilal Modi vs. Ramkaran Ramchandra Sharma & Anr. (2015) 2 SCC 180
Kaushnuma Begum vs. New India Assurance Co. Ltd. (2001) 2 SCC 9
Supe Dei vs. National Insurance Co. Ltd. (2009) 4 SCC 513
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