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2017 Supreme(Del) 2027

R.K.GAUBA
New India Assurance Co. Ltd. – Appellant
Versus
Savita – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.P.N. Shahi
For the Respondents: Mr. Manoj Sharma, Mr. S.N. Parashar

JUDGMENT :

1. Mahesh Sharma, a non-matriculate, aged about 30 years, died in motor vehicular accident that occurred on 28.08.2010 involving rash driving of motor vehicle described as rural transport vehicle No. DL IVA 3045 (RTV), it being covered by insurance policy against third party risk with the appellant insurance company for the relevant period. On the claim petition (case no. 619/2010), instituted on 23.12.2010, in the wake of detailed accident report (DAR), on behalf of the first and third respondents (the claimants), the tribunal held inquiry and, by judgment dated 4.11.2011, awarded compensation in the sum of Rs. 13,33,400/- with interest @ 7.5% per annum from the date of filing of the petition i.e. 23.12.2010, fastening the liability on the insurer. The insurer is questioning the calculation of loss of dependency to the tune of Rs. 11,93,400/- on the ground the element of future prospects was wrongly added. While fairly conceding this ground to be correct, the learned counsel for the claimants, however, submitted that the non-pecuniary damages on account of loss of consortium (Rs.10,000/-) and loss of estate (Rs.5,000/-) were inadequate and that the rate of interest levie










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