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2017 Supreme(P&H) 1623

AVNEESH JHINGAN
Parveen Kumar – Appellant
Versus
Gurpreet Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Akshay Jindal, Advocate
For the Respondent:Mr. Puneet Jain and Mr. M.B. Jain, Advocates, Insurance Company

JUDGMENT :

AVNEESH JHINGAN, J.

1. The present appeal raises an issue that in case of death of a house wife, where her income is notional, deduction for self expenses should be made or not. The second issue raised is that the amount awarded under the conventional heads should be increased.

2. On 03.01.2010, Meenu Devi, aged 20 years, was going along with her husband in a rickshaw, when a rashly and negligently driven car bearing registration No. DL-2C-AK-5620 (for short, 'the offending vehicle') hit the rickshaw. As a result, Meenu Devi suffered injuries and ultimately succumbed to her injuries on 12.01.2010 in PGI, Chandigarh. FIR No. 10 dated 09.01.2010 was registered at Police Station Gharaunda, District Karnal.

3. Two claim petitions under Section 166 of the Motor Vehicles Act, 1988 were filed, one (Claim Petition No. 46 of 2010) by the husband and the other (Claim Petition No. 84 of 2011) by father of the deceased. The Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal') awarded compensation for loss of dependency and loss of consortium to the husband, whereas the medical expenses and compensation for loss of love and affection were awarded to the father.

4. The husban












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