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2023 Supreme(Del) 2281

GAURANG KANTH
Oriental Insurance Company Ltd. – Appellant
Versus
Savitri Devi – Respondent


Advocates appeared:
Mr. Tarkeshwar Nath, Mr. Lalit Mohan, Mr. Virat Saharan and Mr. Harshit Singh, Advocates, for the Appellant.
Mr. Anurag Singh, Advocate, for Respondent Nos. 1 & 2.

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:

HeadAmount
Loss of Dependency (Rs. 2,99,700/- X 17)Rs.50,94,900/-
Loss of Love & AffectionRs.1,00,000/-
Funeral expensesRs.25,000/-
Loss of EstateRs.10,000/-
TotalRs.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

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