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1996 Supreme(MP) 578

S.K.DUBEY, U.B.SHUKLA
Oriental Insurance Company Ltd. – Appellant
Versus
Sudha Devi Wd/O Gopal Singh And . . . – Respondent


ORDER

S.K. Dubey, J.

1. The appellant is the Insurance Company who has filed this appeal under section 173, Motor Vehicles Act, 1988 aggrieved of the award dated 15-12-1995 in Claim Case No. 28/93, passed by IIIrd Additional Claims Tribunal, Bhopal.

2. It is not disputed that deceased Gopal was employed as a driver on truck No. CIC 0552 owned by respondent No. 6, driven by respondent No. 7 at the relevant time and insured by the appellant company.

3. The manner and the circumstances in which the accident occurred are stated in para 2 of the award. The findings of the Tribunal that the accident was caused due to rash and negligent driving of the respondent No. 7 as a result of which the deceased Gopal who was employed as a second driver died, are also not under challenge.

4. The Tribunal after appreciation of the evidence adduced by the parties recorded a finding that the deceased was getting salary of Rs. 2,000/- per month wherein a deduction of Rs. 500/- per month was given for the personal living expenses of the deceased, the Tribunal determined the dependency at Rs. 1,500/- per month, yearly Rs. 18,000/- and by applying the multiplier of 15 awarded compensation of Rs. 2,70,000/- and






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