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2019 Supreme(J&K) 445

SANJEEV KUMAR
Oriental Insurance Company Ltd. – Appellant
Versus
Lata Kumari – Respondent


Advocate Appeared:
For the Appellant :D.S. Chauhan, Advocate
For the Respondent:Madan Lal and Vipan Gandotra, Advocates

ORDER :

Sanjeev Kumar, J.

1. This appeal by the Oriental Insurance Company Ltd. is directed against the award dated 15th April, 2015 passed by the Motor Accident Claims Tribunal, Udhampur (hereinafter referred to as "the Tribunal") in file No. 227/Claim titled Lata Kumari and others v. Baldev Singh and others, whereby the Tribunal has awarded a sum of Rs. 36,57,000/- as compensation to the respondent Nos. 1 to 3 in equal shares. The respondents/claimants have also been held entitled to simple interest @ 7.5% per annum from the date of claim petition till realization of the amount. The impugned award has been assailed on the ground that the assessment of compensation made by the Tribunal is not just and fair, inasmuch as while computing the compensation the Tribunal has overlooked the law laid down in the case of Sarla Verma and others v. Delhi Transport Corporation and another, (2009) 6 SCC 121 and also on the ground that for the purposes of working out the loss of dependency the Tribunal has erroneously taken into consideration the gross salary of the deceased employee instead o

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