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2023 Supreme(Del) 5999

ANISH DAYAL
Tata Aig General Insurance Co. Ltd. – Appellant
Versus
A. k. Tripathi – Respondent


Advocates appeared:
Ms. Vandana Kahlon and Mr. Rudra Kahlon, Advocates, for the Appellant.
Mr. Nalin Tripathi, Advocate, for the Respondents.

JUDGMENT

Anish Dayal, J.

1. The present appeals have been filed both by the Insurance Company and the parents of the deceased respectively assailing judgement dated 14th September, 2012 ("impugned judgement") passed by the Ld. Motor Accident Claims Tribunal ("Ld. MACT"). While the Insurance Company has restricted its challenge to the extent of Rs. 15,000/- being considered as the income of the deceased in the calculation of compensation payable, the parents of the deceased seek enhancement of the compensation awarded vide the impugned judgement.

Factual Background

2. On 15th October, 2006 the daughter of the appellant-parents, Ms. Shobha Tripathi, suffered injuries in an accident and subsequently succumbed to them. At about 1:00 p.m. on that day, she along with her friend Nischal Sharma had gone to DDA park to have lunch after attending classes for Masters of Computer Application ("MCA") at Laxman Public School, New Delhi. Ms. Shobha had, on completion of her graduation in 2005, enrolled for 3 years' MCA course. She had successfully completed one year and was in her second year. At about 1:30 p.m. they came out of the park and Nischal Sharma started his motorcycle which he had parked o









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