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2017 Supreme(Del) 3089

R.K.GAUBA
SAVITRI DEVI – Appellant
Versus
ASHOK KUMAR DIXIT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.N.Parashar, Advocate
For the Respondent:Mr. M.K. Perwez, Advocate, Mr. Priyadarsi Acharya, Adv. with Mohd. Mustafa, Advocate

JUDGMENT :

1. Chandra Bhoosan @ Chintu, aged 20 years, a bachelor, suffered injuries and died in the consequence in a motor vehicular accident that occurred on 17.10.2015 at 8:45 p.m., involving negligent driving of truck bearing registration No.DL-1GB-7218, admittedly insured against third party risk with the fourth respondent (insurer). His parents, the appellants before this Court, instituted accident claim case (MAC Petition No.1772/2016) on 02.03.2016 seeking compensation.

2. The Motor Accident Claims Tribunal (the Tribunal) after inquiry, by judgment dated 15.11.2016, awarded compensation in the sum of Rs.9,11,164/- (Rupees Nine Lakhs Eleven Thousand One Hundred & Sixty Four Only) and directed the fourth respondent to pay the same with interest @ twelve per cent (12%) per annum.

3. The appellants have come up arguing that the loss of dependency was not properly worked out as the multiplier of 11 has been chosen on the basis of age of the mother (51 years) and not as per the age of the deceased, and that the element of future prospects of increase were not factored in. It is also their submission that the non-pecuniary damages are inadequate.

4. Per contra, the insurance company a












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