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2017 Supreme(Del) 2322

R.K.GAUBA
National Insurance Co. Ltd. – Appellant
Versus
Mohammed Siddique – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manu Shahalia
For the Respondents: Mr. Puneet Kumar

JUDGMENT :

1. Mohd. Khalid, a bachelor, aged about 23 years, died as a result of injuries suffered in a motor vehicular accident that occurred on 05.09.2008, statedly on account of rash driving of car bearing no.DL-3CAZ-1365 (the car) by the third respondent herein. The car was owned by the fourth respondent and admittedly insured against third party risk for the period in question with the appellant / insurance company (insurer). The first and second respondents (claimants), the parents of the deceased, instituted accident claim case (suit no.239/2009). The tribunal held inquiry and, by judgment dated 08.03.2016, accepted the case of death having occurred due to rash driving of the car, rejecting the plea of contributory negligence on the part of the deceased. The tribunal assessed compensation in the sum of Rs.11,66,800/-, it being inclusive of loss of dependency calculated as Rs.10,36,800/- with non-pecuniary damages in the sum of Rs.1 Lakh towards loss of love and affection, Rs.20,000/- towards funeral expenses and Rs.10,000/- towards loss to estate having been added. The insurance company was directed to pay the compensation with interest at the rate of 9% p.a.

2. The insurer, b




































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