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2017 Supreme(Del) 2484

R.K.GAUBA
National Insurance Co. Ltd. – Appellant
Versus
Jyoti – Respondent


Advocates Appeared:
For the Appellant : Mr. D.K. Sharma.
For the Respondents: Mr. Syed Hasan Isfahani, Mr. Vikas Yadav, Mr. Parvez Zaidi and Dr. Ritu Bhardwaj.

JUDGMENT :

R.K. GAUBA, J.

1. Vinod Yadav, 30 years old at that time, suffered death due to injuries inflicted upon him in a motor vehicular accident that occurred on 27.01.2013 in District Bikaner, Rajasthan due to rash driving of bus bearing registration No. RJ-07PA-4841 (the bus) admittedly insured against third party risk with the appellant insurance company (the insurer). His wife and other members of the family dependant upon him (they being appellants in MAC APP. No. 632/2016, the claimants) instituted accident claim case (Petition No. 341/2013) on 20.11.2013 seeking compensation. The Motor Accident Claims Tribunal (the tribunal), after inquiry, upheld the claim on the principle of fault liability and awarded compensation which was calculated in the total sum of Rs. 32,40,600/- in the following manner:-     

S. No.

Head

Amount

1.

Medical Expenses

Rs. 4,13,600/-

2.

Loss of dependency

Rs. 25,92,000/-

3.

Loss of Love and Affection

Rs. 1,00,000/-

4.

Loss of Consortium

Rs. 1,00,000/-

5.

Funeral Expenses

Rs. 25,000/-

6.

Loss to

















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