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1973 Supreme(Gau) 22

D.M.SEN, B.N.SARMA
Kanija Rhatun – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
G.K.Talukdar, P.K.Barua

SEN, J:- This is an appeal by the claimants against the judgment and order of the learned Motor Accident Claims Tribunal. Darrang Tezpur. with regard to the compensation claimed by them for the death of Abdul Mazid, the husband and father of the claimants.

2. It is not disputed that Abdul Mazid was killed as a result of an acci­dent, arising from the impact of a motor cycle driven by Corporal G. S. Tiwana of 18 P & S Flight. C/o. 99 A. R. O. It is also not in dispute that the accident was caused through negligent driving of Corporal G. S. Tiwana. while in the course of his employment under the Union of India, and that the Union of India is vicariously liable for such negli­gence and its consequence.

3. The only point that falls for consideration in this appeal is the deter­mination of the life expectancy, for com­putation of the quantum of the award. The claim petition will show that the claim was founded on the basis of an expectancy of life of 25 years more i.e. upto the attainment of 60 years of age by the deceased. The learned Tribunal, however, held that the expectancy of life of the deceased should be taken to be only for 20 years i. e. up to the age of 55 years. In this, possi





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