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2022 Supreme(All) 89

Upasana – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant : Nigamendra Shukla.
For the Respondent: Om Prakash Mishra.

JUDGMENT :

1. Heard Shri Nigamendra Shukla, learned counsel for the appellants; Shri Om Prakash Mishra, learned counsel for the respondents; and perused the record.

2. This appeal, at the behest of the claimants, challenges the judgment dated 4.10.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.15, Ghaziabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.313 of 2012 awarding a sum of Rs.4,52,000/- with interest at the rate of 6% as compensation.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent concerned has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.

4. It is submitted by learned counsel for the appellants that the Tribunal has not granted any amount towards future loss of income of the deceased which is required to be granted in view of the decision in National Insurance Company Limited Vs. Pranay Sethi and Others, (2017) 0 Supreme (SC) 1050. It is further submitted that amount und

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