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2018 Supreme(Del) 2917

J.R.MIDHA
Raj Bala – Appellant
Versus
Sumit Dahiya – Respondent


Advocates Appeared:
For the Appellant :Ms. Neha Jain and Mr. Luv Manan, Advocates
For the Respondent:Mr. Pradeep Gaur, Advocate

JUDGEMENT :

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.23,38,000/-has been awarded to the appellants.

2. On 28th December, 2012 at about 8:15 A.M, Manish Kumar was going on a motorcycle in front of Kali Mata Mandir, Main Bawana Road, Delhi when he was hit by a DTC bus bearing No. DL-1 PC 0113. The accident resulted in death of Manish Kumar. The police registered FIR No.465/2012 dated 28th December, 2012 under Sections 279/304A of IPC against the driver of the DTC bus.

3. The deceased aged 21 years at the time of accident, was a final year student of B.Tech. at Maharshi Dayanand University, Rohtak. The deceased was survived by his parents who claimed compensation.

4. The Claims Tribunal took the earning capacity of the deceased as Rs.15,000/-per month, added 40% towards future prospects, deducted 50% towards his personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.22,68,000/-. The Claims Tribunal awarded Rs.40,000/-towards loss of love and affection, Rs.15,000/-towards loss of estate and Rs.15,000/-towards funeral expenses. The total compensation awarded is Rs.23,38,000/-.

5. Learned counsel for the






































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