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2015 Supreme(Del) 4598

G.P.MITTAL
SHRIRAM GENERAL INSURANCE CO. LTD. – Appellant
Versus
MANEESHA KARNATAK – Respondent


Advocate Appeared:
For the Appellant :Mr. K.L. Nandwani, with Mr. Sameer Nandwani, and Mr. Manish Kaushik, Advocates.
For the Respondent:Mr. Harsh Vardhan, Advocate.

JUDGMENT :

G.P. MITTAL, J.

1. The appeal is directed against the judgment dated 20.05.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 29,70,000/- was awarded in favour of Respondents No.1 and 2 for the death of Saurabh Karnatak, a bachelor who suffered fatal injuries in a motor vehicular accident which occurred on 28.07.2012.

2. The following contentions are raised by the learned counsel for the Appellant Shriram General Insurance Company Limited:-

(i) The Claims Tribunal found contributory negligence on the part of the driver of the Alto car; in spite of this, the entire liability was fastened on the owner and insurer of the other vehicle i.e. the truck bearing registration no. HR-38J-7610;

(ii) There was no evidence with regard to deceaseds future prospects; in spite of this, addition of 50% was made towards the same which was not permissible. Reliance is placed upon Reshma Kumari and Ors. v. Madan Mohan and Anr., (2013) 9 SCC 65; and

(iii) The appropriate multiplier is always as per the age of the deceased or the Claimant whichev



























































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