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2017 Supreme(Del) 2786

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


Advocates:
Advocate Appeared:
For the Appellant : Mr. Priyadarsi Acharya
For the Respondents: Dr. R.S. Sasan

JUDGMENT :

1. Gurdail Singh @ Raja, then 26 years old, died in a motor vehicular accident that occurred on 03.09.2016 due to negligent driving of Tempo Traveller bearing registration No.PB-01-2371, admittedly insured against third party risk with the appellant insurance company. His widow and other members of the family dependant on him, they being first to fourth respondents herein (collectively, the claimants) brought an accident claim case (Case No.477/2009) on 03.06.2013, seeking compensation under Section 166 of the Motor Vehicles Act, 1988 impleading, besides the appellant (the insurer), the driver and owner of the said vehicle as parties.

2. The Motor Accident Claims Tribunal (the tribunal) held inquiry and, by judgment dated 06.11.2013, upheld the claim on the principle of fault liability holding the driver (fifth respondent herein) to have been negligent leading to the fatality.

3. By the impugned judgment, the tribunal awarded compensation in the total sum of Rs.10,82,412/- in favour of the claimants, this inclusive of Rs.8,57,412/- calculated as loss of dependency on the income notionally assessed at Rs.3736/-, it being the minimum wages of a skilled workman relevant for th













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