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2015 Supreme(Del) 4596

G.P.MITTAL
HDFC ERGO GENERAL INSURANCE CO. LTD. – Appellant
Versus
SAROJ – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Neerja Sachdeva.

JUDGMENT :

G.P. MITTAL, J.

1. The appeal is for reduction of compensation of Rs. 15,98,016/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Sanjeev Kumar, who suffered fatal injuries in a motor vehicular accident which occurred on 21st December, 2010.

2. As per the claim made by the Respondents, the deceased was working as a helper and was earning Rs. 9,000/- per month. In the absence of any evidence with regard to the deceased's income, the Claims Tribunal took minimum wages as of matriculate i.e. Rs. 6448/- per month as the deceased's income, deducted 1/3rd towards personal and living expenses, added 50% towards future prospects and applied multiplier of 16 to compute the loss of dependency at Rs. 12,38,016/-.

3. The Claims Tribunal further awarded certain sums towards non- pecuniary damages. The compensation awarded is tabulated hereunder:-      

Pecuniary Damages

(a) Funeral Charges

Rs.10,000/-

(b) Loss of consortium

Rs.50,000/-

(c) Loss of dependency

Rs.12,38,016/-

Non-pecuniary damages












































































































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