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2002 Supreme(All) 1910

G.S.SINGHVI, S.P.SRIVASTAVA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SHIBHU BAI – Respondent


S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 2,02,000 as compensation to the claimant on account of the untimely death of Bante alias Om prakash, son of the claimant-respondent no. 1, aged about 23 years in the accident involving the offending motor vehicle, a bus bearing registration No. UPT 4489.

( 2 ) THE claimant had come up with a case that on 6. 6. 2000 Bante alias Om Prakash, who was travelling by the aforesaid vehicle, died due to electric shock while he was loading some bundles of vegetables on to the roof of the offending bus. The claimant further claimed that at the time of accident the deceased was earning a sum of Rs. 3,000 per month from the business by selling vegetables, etc.

( 3 ) THE learned counsel for the appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.

( 4 ) IN this connection it may be noticed that the Tribunal proceeded to assess the income of the deceased as Rs. 1,500 per month taking the same to be the notional income. The dependency was found to be rs. 18,000 pe








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