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2017 Supreme(Del) 4230

R.K.GAUBA
New India Ass. Co. Ltd. – Appellant
Versus
Saroj Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Awantika Manohar, Adv.
For the Respondents: Mr. S.N. Parashar, Adv.

JUDGMENT :

1. Amit Kumar, bachelor, aged 24 years, died in motor vehicular accident that occurred on 04.09.2014 due to negligent driving of bus bearing registration no. DL-1PC-6613, admittedly insured against the third party risk for the period in question with the appellant (insurer). His parents and sister they being first to third respondents (collectively, the claimants) instituted accident claim case (old no. 609 14 & MACT case no. 476864/16) on 11.11.2014 seeking compensation. The tribunal by judgment dated 25.10.2016 accepted the claim for compensation under section 166 Motor Vehicles Act, 1988, holding the bus driver Guru Charan Singh (respondent) responsible for the accident.

2. The tribunal awarded compensation in the total sum of Rs. 35,52,000/- and directed the insurer to pay the said amount, such amount inclusive of Rs. 1,00,000/- towards loss of love and affection and Rs. 25,000/- each towards loss of estate and funeral charges and the balance on account of loss of dependency.

3. The insurer questions the computation of compensation pointing out several errors including the addition of the element of future prospects and the invocation of the multiplier of 18. Per contra













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