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2023 Supreme(All) 178

KAUSHAL JAYENDRA THAKER
Kamini Singh – Appellant
Versus
New India Assurance Co. – Respondent


Advocates Appeared:
For the Appellant : Shivendra Singh
For the Respondent: Aditya Singh Parihar, Aditya Singh Parihar

JUDGMENT :

[Kaushal Jayendra Thaker, J.]

1. Heard Sri Mohd. Nausad Siddiqui, learned counsel for the appellants and Sri Aditya Singh Parihar, learned counsel for the respondent and perused the judgment and order impugned. None appears for owner.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 18.9.2004 passed by the Motor Accident Claims Tribunal/ District Judge, Bareilly (hereinafter referred to as 'Tribunal') in M.A.C.P No.375 of 2001 awarding a sum of Rs.6,20,800/- as compensation with interest at the rate of 6%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place on 22.4.2001. The deceased was 40 years of age and was in service in U.P. Co-Operative Federation as Centre In-charge. The Tribunal considered his income to be Rs.7000/-per month, deducted 1/3rd towards personal expenses of the deceased, granted multiplier of 11 and awarded Rs.5,000/-towards non pecuniary damages. The Tribunal has calculated the total compensation to be Rs.6,20,800/- payable to the legal representative.

5. Learned

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