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2005 Supreme(Raj) 1961

V.K.BALI, AJAY RASTOGI
The Oriental Insurance Company Limited – Appellant
Versus
Leelavati – Respondent


Advocates Appeared:
Mr. Vinod Tyagi, for the Appellant.

Judgment

V.K. Bali, J.- Oriental Insurance Co. Ltd. the appellant herein aggrieved of the order passed by the learned Single Judge dated 08.01.1998 in S.B. Civil Misc. Appeal No. 618/1991, has filed the present appeal with an obvious prayer to set-aside the said order.

2. Brief facts of the case, in so far as the same are relevant for the only contention raised on behalf of the appellant, reveal that Smt. Leelavati and her two major sons Hari Shanker and Ganpat Sharma claimed compensation on account of death of Ramgopal, their husband and father respectively, who died in an accident. Learned Tribunal determined the age of the deceased as 55 years at the time of accident and according to Second Schedule of the Motor Vehicles Act, 1988, applied multiplier of 5. The Tribunal held that the income of the deceased was Rs. 2,290/- per month and he was getting bonus also of Rs. 2,906/-, his total income being Rs. 30,794/-. The claimants were awarded a compensation to the tune of Rs. 1,00,500/-. Aggrieved, they filed appeal which was disposed of by the learned Single Judge vide the impugned Judgment . The appeal preferred by the claimants was partly allowed and they were held entitled to co





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