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2017 Supreme(Del) 2505

R.K.GAUBA
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Rahat Khanam – Respondent


Advocates Appeared:
For the Appellants : Mr. Pankaj Gupta and Ms. Suman Bagga.
For the Respondents: Mr. M.K. Sinha, Ms. Mahamaya Chatterjee, Mr. R.A. Iyer and Mr. Gautam Narayan.

JUDGMENT :

R.K. GAUBA, J.

1. The first respondent, then 22 years old, having studied upto 12th standard, working for gain in a private employment, suffered injuries in a motor vehicular accident that occurred on 13.11.2011 due to negligent driving of a motor vehicle no. DL-1LM-9040 admittedly insured against third party risk with the appellant insurance company. On her accident claim case (petition no. 244/13), the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 23.01.2014, found a case for compensation made out on the principle of fault liability. It also returned a finding that the claimant had suffered injuries which had rendered her prematurely disabled, her disability having been concluded to be to the extent of 60%. The Tribunal accepted her word that she was earning Rs. 8,500/- p.m. from the private service and on that basis calculated the loss of income (for a period of treatment for 2 years) and also the future loss of income due to disability and awarded total compensation in the sum of Rs. 26,38,400/- with interest at the rate of 9% p.a. fastening the liability on the insurance company.

2. By the appeal at hand, the insurer questions the comput














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