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2010 Supreme(All) 618

DEVI PRASAD SINGH, SATISH CHANDRA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
MAHADEV RAWAT – Respondent


Advocates:
Counsel :
Alka Verma for the Petitioner; Sanjai Srivastava for the Respondent.

JUDGMENT

Hon’ble Dr. Satish Chandra, J.—This appeal is filed under Section 173 of the Motor Vehicle Act, 1988 against the award dated 19.10.2001 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 52 of 1995.

2. The brief facts of the case are that on 30.9.1994 at about 8.35 a.m., a driver of the Truck No. UP 41-4886 was driving it recklessly and negligently and at Pahadpur Chauraha P.S. Gudmba District Lucknow collided with a cyclist namely Suresh Rawat who died on the spot. The deceased was working on a contract basis in Space Center, Lucknow at Rs. 1,000/- per month. The Truck in question was insured with the appellant company against the cover note No. 834955 which was valid up to 30.9.1994.

3. For the purpose of computation, the Tribunal took the salary of the deceased at the rate of Rs. 1,000/- per month and deducted one third for self expenditure. Thus, the Tribunal took the income of the deceased at Rs. 8,000/- per annum and by looking the age of claimant-respondent, applied the multiplier of 13 and awarded the compensation of Rs. 1,04,000/-. In addition, the amount of Rs. 2,000/- was also awarded for funeral expenses. Thus, the total compensation was









































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