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2016 Supreme(P&H) 97

SURINDER GUPTA
Shriram General Insurance Co. Ltd. – Appellant
Versus
Poonam Chaddha – Respondent


Advocates:
Advocate Appeared:
Mr. Ashwani Talwar, Advocate for the appellant-Insurance Company in FAOs No. 4917 & 4918 of 2012 and for respondent no. 3 in FAO No. 5677 of 2012
Mr. J.S. Randhawa, Advocate for respondents no. 1 and 2 in FAO No. 4917 of 2012 and for appellants in FAO No. 5677 of 2012.
Mr. Shiv Kumar, Advocate for respondent no. 4 in FAOs No. 4917 & 4918 of 2012 and for respondent no. 2 in FAO No. 5677 of 2012.

JUDGMENT :

Surinder Gupta, J.

This judgment will dispose of above captioned appeals filed against award dated 04.05.2012 passed by the Motor Accident Claims Tribunal, Faridabad (later referred to as 'the Tribunal') in claim petitions relating to accident dated 29.08.2009 resulting in death of Ravi Chaddha and Rajeev.

2. Parents of Rajeev filed claim petition bearing MACT No. 40 of 15.03.2010 while parents of Ravi Chaddha filed claim petition bearing MACT No. 41 of 2010. Both the claim petitions were decided by common award dated 04.05.2012. The Tribunal allowed compensation of Rs.4 lacs each in both the claim petitions, which was calculated as follows:

3. Facts of case are not being discussed in detail as in the appeals (FAOs No. 4917 and 4918 of 2012) Insurance Company is seeking right against insured to recover the compensation amount and decrease in compensation as awarded by the Tribunal and in FAO No. 5677 of 2012, claimants are seeking enhancement of compensation.

Sr. No.

Heads

Calculation

(i)

Income of the deceased

Rs.5000 per month

(ii)

1/2nd of (i)



















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