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2016 Supreme(Del) 1270

R.K.GAUBA
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. – Appellant
Versus
JATAN LAL JATAV – Respondent


Advocates Appeared:
Mr. Rajat Brar, Adv.
Mr. Navneet Goyal, Adv. for R-1

JUDGMENT :

R.K.GAUBA, J.

1. Mr. Jatan Lal Jatav then aged 40 years working as a mason, suffered injuries in a motor vehicular accident that occurred at about 7.50 PM on 18.09.2008 on being hit by car bearing No.HR 26X 2002 (the offending vehicle), it concededly being insured against third party risk with the appellant company (insurer) for the period in question. He preferred a claim petition under Sections 140 and 166 of Motor Vehicles Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (the tribunal) on 14.01.2009 whereupon it was registered as MACT case No.521/10/09 and inquired into. The tribunal granted compensation in the sum of Rs. 10,72,629/- with interest in favour of the claimant also adding Rs. 50,000/- as counsel fee and Rs. 5,000/- as out of pocket expenses to the advocate representing the claimant. The compensation awarded by the tribunal has been calculated thus in the impugned judgment as under :-

“Pecuniarv damages (Special damages):

1.

Loss of income

Rs. 23,094/-

2.

Medical expenses

Rs. 2,074/-















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