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2015 Supreme(Del) 4600

G.P.MITTAL
BHARTI AXA GENERAL INSURANCE CO. LTD. – Appellant
Versus
POONAM – Respondent


Advocate Appeared:
For the Appellant : Navneet Kumar.
For the Respondent:S.N. Parashar, Advocates.

JUDGMENT :

G.P. MITTAL, J.

1. These two appeals arise out of the judgment dated 11.09.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 16,02,882/- was awarded in favour of Respondents No. 1 and 2 (in MAC APP. 79/2014) for the death of Nitin Raj, a bachelor who suffered fatal injuries in a motor vehicular accident which occurred on 30.11.2012.

2. The finding on negligence has not been challenged by the Appellant Insurance Company in MAC APP.79/2014. In the absence of any appeal by the owner and driver, the finding on negligence has attained finality.

3. During inquiry before the Claims Tribunal, Respondents No. 1 and 2 had set up a case that the deceased was working as a Desk Assistant with Dainik 'Janwani Samachar Patra' and was getting a salary of Rs. 20,000/- per month.

4. The Claims Tribunal found the salary to be not proved. At the same time, it was observed that deceased Nitin Raj was a Graduate. The Claims Tribunal thus, took the minimum wages of a Graduate, added 50% towards future prospects and applied the multiplier of 17 as per the age of the deceased (27 years) to compute the loss of dependency as Rs. 14,67,882/-. In addition










































































































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