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2017 Supreme(Del) 378

SUNIL GAUR
National Insurance Co. Ltd. – Appellant
Versus
Anita Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. A.K. Soni

JUDGMENT :

1. Impugned Award of 19th March, 2009, grants compensation of Rs. 7,50,000/- with interest @7% p.a. to respondents-claimants on account of death of one Kamlesh, aged about 27 years, in a road accident on 12th November, 2004. The factual matrix of this case already stands noticed in the opening paragraph of impugned Award and so, needs no reproduction. Suffice to note that deceased was working as Conductor on a private bus and was earning of Rs. 3,000/- p.m. and he has left behind seven legal heirs i.e. his parents, widow and four minor children. Driver and owner of the bus in question have not contested the claim petition before the learned Motor Accident Claims Tribunal. The breakup of the compensation as granted by learned Tribunal is as under:-      

Loss of Dependency

Rs. 7,05,000/-

Loss of Love & Affection

Rs. 35,000/-

Funeral Expenses

Rs. 5,000/-

Loss of Estate

Rs. 5,000/-

Total

Rs. 7,50,000/-

2. In this appeal, respondents-owner and driver of the bus in question have chosen not to contest and respondents-claimants were








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