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2022 Supreme(Raj) 2874

ANOOP KUMAR DHAND
Aimana @ Omna – Appellant
Versus
Govind Singh – Respondent


Advocates Appeared:
Mr. Poonam Chand Sharma, Advocate, for the Appellant; Mr. Vimal Yadav, Advocate, Mr. Sagar Jindal, Advocate and Mr. Rishipal Agarwal, Advocate, for the Respondent.

JUDGMENT

1. The present civil misc. appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (for short ’the Act of 1988’) against the judgment and award dated 08.08.2016 passed by the Court of Motor Accident Claims Tribunal, Dausa, District Dausa (District and Sessions Court Dausa) (for short ’the Tribunal’) in claim application No.462/2011, by which the claim petition filed by the claimants appellants was allowed and respondent No. 1-Govind Singh-owner of the vehicle has been directed to pay compensation of Rs. 5,58,000/-(including misc. heads) with interest @ 6 % per annum from the date of filing of the claim petition and the insurance company has been exonerated.

2. Counsel for the appellants submits that the age of the deceased was 35 years at the time of accident and as per the judgment of the Hon’ble Apex Court in the case of Sarla Verma vs. Delhi Transport Corporation: (2009) 6 SCC 121, the multiplier of 16 should have been applied looking to the age of the deceased but the multiplier of 15 has been applied. Counsel submits that the date of accident is 16.05.2011 and at the relevant time, the minimum wages of unskilled labour was Rs.

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