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2017 Supreme(Del) 2136

R.K.GAUBA
National Insurance Company Limited – Appellant
Versus
Usha Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Gaur, Mr. Pradeep Gaur
For the Respondents: Mr. Lallan Tiwari, Mr. Anil Kumar Sharma

JUDGMENT :

1. Ramesh Paswan, aged 37 years old, died in a motor vehicular accident that occurred on 30.09.2011. The appellant insurance company is the insurer against third party risk in respect of truck No.HR-38C-6695 on account of whose negligent driving the accident was proved to have been caused, it being the subject matter of the accident claim case (MACT No.57/2012) taken out by first to fifth respondents (the claimants), they being the legal heirs of the deceased. The insurance company was directed to pay compensation in the sum of Rs.12,60,413/- with interest, by judgment dated 18.05.2015 of the tribunal, is in appeal submitting that the element of future prospects has been wrongly added to the dependency loss.

2. It is noted that though it was claimed by the claimants through PW-1 that the deceased was working with a private company, evidence in that regard was not convincing. The Motor Accident Claims Tribunal adopted the minimum wages @ Rs.4965/- per month, and added 50% as future prospects to arrive at dependency loss of Rs.10,05,413/-.

3. In the case reported as Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, Supreme Court, inter-alia, ruled t








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