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2018 Supreme(P&H) 2248

TEJINDER SINGH DHINDSA
United India Insurance Co. Ltd – Appellant
Versus
Surender Singh @ Chhinda – Respondent


Advocates:
Mr. Harsh Aggarwal, Advocate, for the appellant.

JUDGMENT

Mr. Tejinder Singh Dhindsa, J.:- A claim petition under Section 166 of the Motor Vehicles Act, 1988 filed by the claimants i.e. the parents of Aman @ Manpreet and who died in a motor vehicle accident on 09.12.2016 has been decided vide award dated 07.03.2018 passed by the Motor Accident Claims Tribunal, Fatehabad and a compensation amount of Rs.7,86,000/- along with interest @ 7.5% per annum from the date of filing of the claim petition up to the date of actual realization was awarded.

2. The instant appeal has been filed at the hands of the Insurance Company i.e. United India Insurance Company Limited raising a limited issue as regards quantum.

3. Mr. Harsh Aggarwal, learned counsel representing the appellant Company submits that deceased Aman @ Manpreet was aged 15 years on the date of accident and for quantifying the compensation a notional income has been taken by the Tribunal as Rs.5000/- per month and further increase in income towards future prospects has been taken as 40%.

4. The sole submission raised by learned counsel is that in the facts of the present case, the deceased was a minor and his notional income had been assessed as he was not in the earning age brac





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