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2018 Supreme(Del) 450

J.R.MIDHA
ICICI Lombard General Insurance Co Ltd. – Appellant
Versus
Rajinder Kumar Chopra – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishnu Mehra
For the Respondents: Mr. Brijesh Bagga, Mr. Arvind Kumar Gupta, Mr. Viraj R. Datar

JUDGMENT :

Background Facts

1. The appellant has challenged four awards passed by the Claims Tribunal whereby following compensation has been awarded: -

1.1 Compensation for death of Kshama Chopra: Rs.1,00,48,300/-

1.2 Compensation for death of Veena Chopra: Rs.79,84,888/-

1.3 Compensation for injuries to Rajinder Kumar Chopra: Rs.2,83,300/-

1.4 Compensation for injuries to Shailesh Shetye: Rs.9,67,000/-

2. These four appeals arise out of an accident dated 05th May, 2012 between Indigo car bearing No. DL 3TC 0366 and BMW car No. HR 26AV 0007 in Sector-29, Gurgaon. Four persons, namely, Rajinder Kumar Chopra, his wife Veena Chopra, daughter-Kshama Chopra and son-in-law Shailesh Shetye were travelling in the Indigo car which was driven by Sanjay Gulati. The accident resulted in the death of three persons, namely, Sanjay Gulati (driver of Indigo car), Veena Chopra and Kshama Chopra, and grievous injuries to two persons namely, Rajinder Kumar Chopra and Shailesh Shetye.

3. The driver of BMW car ran away from the spot after being taken out by the public whereas the driver of Indigo car, four occupants of Indigo car and one occupant of BMW car were taken by the public to Max Hospital.

4. Accordin

























































































































































































































































































































































































































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