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2012 Supreme(Del) 3281

J.R.MIDHA
National Insurance Co. Ltd. – Appellant
Versus
Komal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pradeep Gaur, Mr. Amit Gaur, Mr. Shashank Sharma

JUDGMENT :

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 5,84,000/- has been awarded to claimants/respondents No.1 to 4. The appellant seeks reduction of the award amount. The accident dated 4th July, 2005 resulted in the death of Amit Dhingra. The deceased was survived by his widow, two minor children and father who filed the claim petition before the Claims Tribunal. The deceased was aged 23 years at the time of the accident and was running a tent house business. In the absence of documentary proof of income, the Claims Tribunal assumed the income of the deceased to be Rs. 5,000/- per month, deducted 1/3rd towards his personal expenses and applied the multiplier of 17 to compute the loss of dependency at Rs. 6,80,000/-. The Claims Tribunal deducted 20% towards the contributory negligence. The Claims Tribunal further awarded Rs. 10,000/- towards the funeral expenses, Rs. 10,000/- towards transportation of dead body, Rs. 10,000/- towards loss of estate and Rs. 10,000/- towards loss of consortium. The total compensation awarded is Rs

























































































































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