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2016 Supreme(Del) 1961

R.K.GAUBA
CHETAN MALHOTRA – Appellant
Versus
LALA RAM – Respondent


Advocates Appeared:
Mr. Jasmeet Singh, Ms. Nishta Kishore and Mr. Srivats Kaushal, Advs.
Mr. Sudhanshu Tomar and Mr. SA Khan, Advs. for R-1 & 2.
Mr. PR Sikka and Mr. Amit Sikka, Advs. for R-3.
Mr. GK Kaushik, Adv. for R-4.

JUDGMENT :

R.K. GAUBA, J.

1. These sixteen appeals give rise to common questions of law concerning the method of calculation of compensation in accident claim cases involving deaths of children in motor vehicular accidents and hence have been taken up for being decided together by this common judgment.

FACTUAL MATRIX

2. The background facts leading to these appeals in each case may be taken note of at the outset in chronological order.

Case ‘A’ : MAC Appeal Nos. 226/2010 & 554/2010

(In re: death of three months’ old child Rama Kant)

3. These appeals arise out of the judgment dated 16.01.2009 of motor accident claims tribunal (the tribunal) in accident claim case (Suit No. 518/1993, re-numbered as 1345/2000) instituted on 03.07.1993. The claim case had been presented by Lala Ram and Ram Sakhi (the claimants), parents of three months’ old child named Rama Kant who had died in the accident that occurred on 17.03.1993 involving rash driving of Maruti Van bearing No. DL 2CB 2882 (the offending vehicle), admittedly insured against third party risk with United India Insurance Company Ltd. (ap































































































































































































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