R.K.GAUBA
ICICI Lombard General Ins. Co. Ltd. – Appellant
Versus
Johri Lal – Respondent
1. Ram Bai @ Rama Bai, widowed mother of the first to fifth respondents (collectively, the claimants) died in a motor vehicular accident that occurred on 09.06.2010 due to negligent driving of a motorcycle bearing registration no.DL-8SAS-7687, admittedly insured against third party risk with the appellant/insurance company (insurer). The accident claim case (suit no.379/2010), instituted by the said respondents (claimants) on 14.07.2010 resulted in an award of compensation in the sum of Rs.4,77,514/- given by the tribunal by its judgment dated 15.01.2016, the liability having been fastened on the insurer to pay with interest at the rate of nine per cent (9%) per annum. At the same time on the basis of finding that the driver of the offending vehicle, i.e., sixth respondent (Kamal Kumar) was not in possession of a valid and effective driving licence at the relevant point of time, recovery rights have been granted against him in favour of the insured.
2. The insurer is in appeal questioning the computation of the award which includes Rs.3,32,514/- calculated towards loss of dependency. It is the argument of the insurer that the age of the deceased was wrongly assumed to be 6
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