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GAURANG KANTH
Oriental Insurance Company Ltd. – Appellant
Versus
Savitri Devi – Respondent
JUDGMENT
Gaurang Kanth, J.
1. The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 02.07.2014 ("impugned award") passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, Dwarka Courts, New Delhi.
2. By way of the impugned Award dated 02.07.2014, learned Claims Tribunal awarded a compensation of Rs. 52,29,900/- with interest @ 7.5% per annum including the amount of interim award of Rs.50,000/- from the date of filing of the claim petition till realization of the amount and directed the Insurance Company to deposit the entire awarded amount within a period of one month. The learned Claims Tribunal granted the compensation under the following heads:
| Head | Amount |
| Loss of Dependency (Rs. 2,99,700/- X 17) | Rs.50,94,900/- |
| Loss of Love & Affection | Rs.1,00,000/- |
| Funeral expenses | Rs.25,000/- |
| Loss of Estate | Rs.10,000/- |
| Total | Rs.52,29,900/- |
SUBMISSION OF THE APPELLANT
3. Mr. Tarkeshwar Nath, learned counsel for the Appellant/Insurance Company contended that the learned Claims Tribunal has not appreciated that the respondents miserably failed to prove the salary of the deceased as Rs.37,000/- per month in as
The main legal point established in the judgment is the application of legal principles from the case of Pranay Sethi (Supra) to determine the compensation under various heads, including future prosp....
The main legal point established in the judgment is the application of legal principles set by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd v. Pranay Sethi & Ors. to determine ....
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
The main legal point established in the judgment is the applicability of the Supreme Court judgment in National Insurance Co. Ltd. Vs Pranay Sethi & Ors. and the proper calculation of compensation ba....
The main legal point established in the judgment is the assessment and modification of compensation under various heads in accordance with legal precedents and established income of the deceased.
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
The main legal point established in the judgment is the application of principles from Pranay Sethi and Sarla Verma for the calculation of compensation under various heads in fatal accident cases.
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and other conventional he....
The main legal point established in the judgment is that the determination of compensation under the Motor Vehicles Act, 1988 should consider the notional income of the deceased, future prospects, an....
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