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2017 Supreme(Del) 3045

R.K.GAUBA
UNITED INDIA INSURANCE CO. LTD – Appellant
Versus
KAILASH DEVI – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.D. Singh, Advocate with Mr. Navdeep Singh, Advocate
For the Respondent: Mr. Braj Kishore Roy, Adv.

JUDGMENT :

1. Sandeep Kumar, a bachelor, aged about 21 years, died in a motor vehicular accident that occurred on 24.10.2007 due to negligent driving of motor vehicle described as tempo bearing registration No.HR-38D-2589, which was admittedly insured against third party risk for the period in question with the appellant insurance company (insurer). His parents including the first respondent (mother) filed accident claim case (MACP No.561/07/2008) on 03.12.2007 seeking compensation. Ram Kumar, father of the deceased, died during the pendency of the inquiry before the tribunal and, thus, the claim petition was prosecuted by the first respondent only.

2. The tribunal clubbed the case with another accident claim case and held inquiry and, by common judgment dated 25.11.2013, awarded compensation in the sum of Rs.5,27,436/- in favour of the first respondent (claimant) fastening the liability on the appellant insurance company to pay with interest @ seven and half per cent (7.5%) per annum from the date of filing of the petition till realization.

3. The insurance company, by appeal at hand, questions the calculation of loss of dependency on the ground that the element of future prospects w














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