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2017 Supreme(Del) 2621

R.K.GAUBA
New India Assurance Company Limited – Appellant
Versus
Kanhiya Jha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ravinder Singh
For the Respondents: Mr. S.N. Parashar, Ms. Shalini

JUDGMENT :

1. The first respondent, then 29 years old, earning his livelihood as a book binder in a private factory, suffered injuries in a motor vehicular accident that occurred on 09.10.2009, involving negligent driving of a vehicle described as Rural Transport Vehicle (RTV) bearing registration No.DL-1VA-1583, which was concededly insured against third part risk with the appellant insurance company for the period in question.

2. On his claim petition (Suit No.165/2010), the Motor Accident Claims Tribunal (the tribunal) held inquiry and by judgment dated 14.03.2016, while upholding the claim for compensation on the principle of fault liability, awarded compensation in the sum of Rs.9,12,073/- with interest @ 9% per annum in his favour, directing the insurance company to pay, the said award inclusive of Rs.6,30,207/- towards loss of future earnings, this on the basis of assessment that he had suffered from functional disability to the extent of fifty percent (50%), the minimum wages of a semi-skilled worker (Rs.4119/- per month) having been assumed as notional income, in absence of formal proof and after addition of element of future prospects of increase to the extent of 50%, the m











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