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2017 Supreme(Del) 2797

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


Advocates:
Advocate Appeared:
For the Appellants : Mr. Anshuman Bal
For the Respondents: Ms. Seerat Singh, Mr. Manoj Kumar

JUDGMENT :

1. Badshah Khan, 22 year old, a bachelor, son of the appellants (collectively the claimants) died in motor vehicular accident that occurred on 14.04.2013 due to negligent driving of car no. DL 8CS 2416, admittedly insured against third party risk for the period in question with the first respondent (insurer). The appellants filed accident claim case (suit no. 245/2014), impleading the insurer, owner and driver of the car, the last two being second and third respondents in appeal.

2. After inquiry, the claim petition was decided, by judgment dated 04.04.2015, and the claim for compensation on the principle of fault liability was accepted, such finding having attained finality. The tribunal awarded compensation in the sum of Rs. 7,37,000/- and fastened the liability on the insurer with interest @ 9% per annum, there being no case made out for breach of terms and conditions of the policy.

3. The appeal at hand by the claimants seeks enhancement. Since liability was fastened against the insurer, the presence and service of other respondents are dispensed with. The claimants press for consideration two contentions, one that the element of future prospects should have been added








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