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DELHI HIGH COURT
G.P.MITTAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Arun Bala – Respondent
JUDGMENT
G. P. Mittal, J.
CM APPL.10191/2004 (delay)
For the reasons as stated in the Application, the delay of 29 days in filing the Appeal is condoned.
The Application is allowed.
MAC.APP. 359/2004
1. The Appellant Oriental Insurance Company Limited impugns a judgment dated 12.04.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.19,95,000/- was awarded in favour of Respondents No.1 to 3 for the death of Raj Kishore Lal who died in a motor vehicle accident which occurred on 23.09.1994.
2. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of two wheeler No.M04-8905 driven by Respondent No.6 Satpal (Respondent No.4 as per the amended memo of parties as the deceased's parents died during the proceedings). The deceased's salary was accepted to be Rs.12,000/- per month. On making an addition of 50% towards future prospects, the Claims Tribunal by applying the multiplier of 11' computed the loss of dependency as Rs.19,80,000/-. On adding a sum of Rs.15,000/- towards non-pecuniary heads, the overall compensation of Rs.19,95,000/- was awarded.
3. The finding
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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