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2018 Supreme(P&H) 3395

HARINDER SINGH SIDHU
Up State Road Transport Corporation – Appellant
Versus
Bala And Others – Respondent


Advocates Appeared:
S.K. Verma, Adv.

JUDGMENT

Harinder Singh Sidhu, J. - The owner Uttar Pradesh State Road Transport Corporation has filed the present appeal challenging the award dated 22.11.2017 of the Motor Accident Claims Tribunal, Faridabad (for short 'the Tribunal').

2. Brief facts as disclosed in the claim petition are that on 14.10.2016 in the area of Village Sarai, falling within the jurisdiction of Police Station Sadar Palwal a vehicular accident took place involving UP Roadways bus No.UP-85AJ-9016 (herein for short 'the offending vehicle'), wherein, Dharminder lost his life. The accident was alleged to have been caused due to rash and negligent driving of the offending vehicle. FIR regarding the accident was also registered.

3. On a claim petition having been filed by the parents of Dharminder, the Tribunal assessed the notional income of the deceased at Rs. 9000/- per month, deducted 50% towards his personal expenses, applied multiplier of 18 (deceased aged 18 years). The loss of dependency was assessed at Rs. 972000 (4500x12x18). Rs. 25,000/- towards 'funeral and transportation expenses' and Rs. 28,000/- under the head of 'loss of love and affection' were also awarded. A sum of Rs. 15,000/- was awarded to

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