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2020 Supreme(Del) 1568

J. R. MIDHA
Prem Lata (Wife Of Deceased) – Appellant
Versus
Siya Ram & Ors & (Iffco Tokyo General Insurance C Ltd. ) – Respondent


Advocate Appeared:
For the Appellant :Mr. D. V. Goyal, Advocate
For the Respondent:Mr. Sameer Nandwani and Mr. Abhay Singh Bhadoria, Advocates

JUDGMENT :

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.15,06,000/- has been awarded to the appellants. The appellants seek enhancement of the awarded amount.

2. The accident dated 11th September, 2012 resulted in the death of Hari Niwas aged about 34 years. The deceased was survived by his mother, widow, daughter and son who claimed compensation. The mother of the deceased died during the pendency of Claim Petition. The deceased was working as a helper and also owned a Tata Tempo from which he was getting additional income.

3. The Claims Tribunal took the income of the deceased as Rs.9,850/- (salary of Rs.4,850/- + Rs.5,000/- as earnings from part time business); 1/3rd was deducted towards personal expenses and the multiplier of 16 was applied to compute the loss of dependency as Rs.12,60,800 /-. The Claims Tribunal awarded Rs.1,00,000/- towards loss of love and affection; Rs.1,00,000/- towards loss of consortium; Rs.20,000/- towards loss of estate; and Rs.25,000/- towards funeral expenses. Total compensation awarded is Rs.15,06,000/-(Rs.15,05,800/- rounded off).

4. Learned counsel for the appellants urged at the time of the hearing tha

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