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2017 Supreme(Del) 3094

R.K.GAUBA
RELIANCE GEN. INS. CO. LTD. – Appellant
Versus
GOMTI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Soni, Adv.

JUDGMENT (ORAL)

1. Ajay Bahadur, aged 24 years, a bachelor, died in motor vehicular accident that occurred on 24.10.2012 at about 10.30 p.m., statedly due to negligent driving of truck bearing registration no. HP 64 9729, admittedly insured against third party risk with the appellant insurance company (insurer). His mother (first respondent) instituted accident claim case (MACT 415/2012) on 27.11.2012 seeking compensation. After inquiry, the Tribunal upheld her case for compensation on the basis of fault liability and, by judgment dated 18.04.2016, awarded compensation in the total sum of Rs. 13,10,148/- directing the insurer to pay with interest @ nine per cent (9 %) per annum, the said amount inclusive of Rs. 11,75,148/- towards loss of dependency, Rs. 1,00,000/- towards loss of love & affection, Rs. 10,000/- towards loss to estate and Rs. 25,000/- towards funeral expenses.

2. The insurer questions the computation on the ground that the Tribunal while calculating the loss of dependency has committed two errors, one in the choice of multiplier and, the other, in adding the element of future prospects.

3. The first respondent, inspite of due service, has failed to appear to put in con














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