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2020 Supreme(J&K) 447

New India Assurance Co. Ltd. – Appellant
Versus
Usha Baloria – Respondent


Advocates Appeared:
For the Appellant :Baldev Singh, Vishnu Gupta, Advocates, R.K. Gupta, Sr. Advocate, Uday Bhaskar, Amrit Sareen, D.S Chouhan, Piyush Gupta and R.K. Bhatia, Advocates
For the Respondents:Vinod Kotwal, Piyush Gupta, M.P. Gupta, Advocates, Suneel Malhotra, CGSC, P.N. Raina, Sr. Advocate, J.A. Hamal, Joginder Kumar, Ankush Manhas, Dheeraj Choudhary and R.K. Bhatia, Advocates

JUDGMENT :

Rajesh Bindal, J.

1. This order will dispose of a bunch of appeals and the cross objections, as some of the issues raised in all the appeals, are common. Besides that additionally some small issues have been raised in some of the appeals.

2. The deceased in the following cases, at the time of accident, were travelling in the vehicle bearing Registration No. JK02U-0759. The accident took place on February 25, 2009:

    i) CIMA No. 291/2012 titled as New India Assurance Co. Ltd. vs. Usha Baloria & Ors.

As a result of the accident the deceased Yoginder Singh Baloria died. The claimants are widow, son & daughter of the deceased. The deceased was working as a Master at the time of his death. The monthly income of the deceased as proved before the Tribunal was Rs. 17,009/- and the Tribunal while taking into consideration the personal expenses of the deceased @ 1/3rd of the total income, calculated annual dependency at Rs. 1,36,080/-. Since the age of the deceased at the time of death was proved to be 53 years, as such multiplier of 11 was applied. A sum of Rs. 10,000/- each was gr

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