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2022 Supreme(Del) 2215

STATE
Prabhawati Devi – Appellant
Versus
Sanjeev Kumar Jha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.N. Parashar.
For the Respondent: J.P.N. Shahi.

JUDGMENT :

GAURANG KANTH, J.

1. The present appeal has been preferred by the Appellants under Section 173 of the Motor Vehicles Act for enhancement of compensation amount awarded by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, South East District/Saket Courts, New Delhi in Suit No. 327/2010 vide its Award dated 20.09.2012.

2. The learned Tribunal vide its impugned Award dated 20.09.2012 held Respondent No. 3 herein/Insurance Company of the car liable to pay compensation to the Appellants. The relief granted by the learned Tribunal is as under:

1.

Loss of Dependency

Rs. 7,48,800/-

2.

Loss of Love and Affection

Rs. 25,000/-

3.

Funeral Expenses

Rs. 10,000/-

4.

Loss of Estate

Rs. 10,000/-

5.

Loss of consortium

Rs. 10,000/-

Facts of the case

3. Brief facts of the case as noted by the learned Motor Accident Claims Tribunal are as under:

    “On 11.02.2010, the deceased was standing with his motorcycle bearing no. DL-38-BL-9905. He was waiting at the gate of RTO Office, Vasant Vihar to meet the RTO Officials. At about 10.00 AM a

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