DELHI HIGH COURT
G.P.MITTAL
Purnima – Appellant
Versus
New India Assurance Company Ltd. – Respondent
JUDGMENT
G. P. Mittal, J. (ORAL)
1. The Appeal is for enhancement of compensation of Rs.3,69,008/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Bhavesh Singh, a bachelor, aged 20 years, who was a second year student in LLB at Symbiosis Law College, Pune.
2. On appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of blueline bus No.DL-1PB-4609 by its driver Respondent No.3 Sunil Kumar. The Claims Tribunal took the average of the minimum wages of a Matriculate and a Graduate and applied the multiplier on taking the average of the ages of deceased's parents.
3. In the absence of any Appeal by the driver, owner or the insurer, the finding on negligence has attained finality.
4. The only ground raised in the Appeal is that the deceased was pursuing LLB from a prestigious law college, that is, Symbiosis Law College, Pune and was paying a hefty fee of Rs.36,500/- for the relevant year. The Law Graduates from the said College, it is argued, get very high placement with the Law Firms. The Claims Tribunal, it is argued, erred in taking the average of t
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