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2017 Supreme(Del) 3041

R.K.GAUBA
ORIENTAL INSURANCE CO LTD – Appellant
Versus
VEENA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.P.N. Shahi, Advocate with Ms. Komal Dhingra, Advocate
For the Respondent:Mr.S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate

JUDGMENT :

1. Vijay Kumar, aged 24 years, a bachelor, died in a motor vehicular accident that occurred on 11.01.2013 due to negligent driving of the truck bearing registration No.HR-63A-8375, admittedly insured against third party risk with the appellant insurance company (insurer). His mother, the first respondent (claimant) instituted accident claim case (MACT No.67/2013) on 14.02.2013 seeking compensation.

2. The Motor Accident Claims Tribunal (the tribunal), by judgment dated 28.03.2016, awarded compensation in the total sum of Rs.25,65,000/- with interest @ nine per cent (9%) per annum, fastening the liability on the insurer. The said amount includes Rs.24,30,000/- towards loss of dependency, this having been calculated on the multiplier of 18, going by the age of the deceased, on the income of Rs.15,000/- per month, besides Rs.1 lac towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses.

3. The insurance company is in appeal questioning the computation of loss of dependency on the ground the multiplier of 14 should have been adopted, having regard to the age (41 years) of the claimant mother. Per contra, the counsel for th











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