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2017 Supreme(Del) 507

SUNIL GAUR
National Insurance Co. Ltd. – Appellant
Versus
Nirmal Gupta – Respondent


Advocates Appeared:
For the Appellant : Mr. Pradeep Gaur, Mr. Amit Gaur
For the Respondents: Mr. Saurabh Sharma

JUDGMENT :

Impugned Award of 18th September, 2008 grants compensation of Rs.15,45,000/- with interest @ 7.5% per annum to claimants on account of death of one Arvind Kumar Gupta, who was a businessman aged 42 years, in a road accident on 27th December, 2006. In the above-captioned first appeal, Insurer seeks reduction of compensation granted whereas in the above-captioned second appeal, claimants seek enhancement of compensation.

2. With the consent of learned counsel for the parties, the above-captioned two appeals have been heard together as they arise out of common impugned Award and by this common judgment, they are being decided. The factual background of this case already stands noted in the impugned Award and so, needs no reproduction.

3. Since the challenge to impugned Award in these two appeals is on the quantum of compensation, therefore, it would suffice to note that learned Tribunal has proceeded to assess the income of deceased by relying upon, Income Tax Returns for the years 2002-03, 2003-04 & 2004-05 and 50% has been added towards ‘future prospects’. Under the non-









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