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2016 Supreme(Del) 930

R.K.GAUBA
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
MANJU – Respondent


Advocates Appeared:
Mr. Abhishek K Gola, Adv.
Ms. Madhu Bala Gautam, Adv. for Ms. Manpreet Kaur, Adv. for R-1 to 5

JUDGMENT :

R.K.GAUBA, J.

1. By judgment dated 07.09.2011, the appellant insurance company has been called upon by the Motor Accident Claims Tribunal (the Tribunal) to pay compensation in the sum of Rs. 10,50,771/- with interest at 7.5% per annum awarded on the claim petition under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act). The first two respondents herein (collectively, the claimants) had filed claim case registered as 899/2009. On the basis of findings returned that Kailash had died in motor vehicular accident that occurred at about 7 AM on 29.09.2009 at Ghewra Mor Chowk, Delhi on account of rash/negligent driving of bus bearing registration No.DL-1PB- 1226 (the offending vehicle) of ninth respondent (Delhi Transport Corporation) concededly insured against third party risk with the appellant insurance company, the liability was fastened.

2. The solitary ground on which the appeal is pressed is with regard to the computation of compensation for calculating the loss of dependency, to be specific to question the addition of the element of future prospects of increase in the income of the deceased.

3. The appeal was filed in 2011 and has remained pending over past several
















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