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2015 Supreme(Del) 4592

G.P.MITTAL
AMRESH KUMAR – Appellant
Versus
SAVITA DEVI – Respondent


Advocate Appeared:
For the Appellant : Sameer Nandwani.
For the Respondent:R.K. Bachchan, Advocates.

JUDGMENT :

G.P. MITTAL, J.

1. The Appellant impugns the judgment dated 11.07.2012 whereby a compensation of Rs.10,94,550/- was awarded to Respondents no. 1 to 3 for the death of Ajit Kumar Singh, who died in a motor vehicular accident which occurred on 31.12.2007.

2. It is urged by the learned counsel for the Appellant (owner and driver of the offending vehicle) that the accident was not caused by Maruti Car No. DL 8C 1139. The Appellants were hence, not liable for any compensation.

3. It is urged that the Claims Tribunal erred in believing the testimony of PW-3 Constable Bharat Lal and discarding the testimony of the Appellants both of whom entered in the witness box. In the alternative, it is contended that the compensation awarded is excessive and exorbitant as addition of 30% towards future prospects could not have been made in view of the decision of the Supreme Court in Reshma Kumari and Others Vs. Madan Mohan and Another, (2013) 9 SCC 65, and as held by this Court in MAC APP No. 189/2014 titled HDFC Ergo General Insurance Co. LTD. v. Smt. Lalta Devi and Ors. decided on 12.01.2015.

4. On the other hand, the learned counsel for Respondents No. 1 to 3 supports the impugned judgment.















































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