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1997 Supreme(MP) 341

S.K.DUBEY, R.P.GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Kamla And Ors. – Respondent


JUDGMENT

S.K. Dubey and Rajeev Gupta, JJ.

1. Appellant New India Assurance Co. Ltd. has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), aggrieved of the award dated 9.10.1995, passed in MCC No. 54 of 1992, by 9th Additional Motor Accidents Claims Tribunal, Bhopal.

2. The circumstances, in which the accident occurred are not in dispute. When the deceased Rajendra Singh was going on his Bullet motor cycle No. HIB 7313 on 5.8.1990, at about 10.45 p.m., at the turning of Alpana Talkies he was dashed by mini bus No. CIC 9508, driven by the respondent No. 6, owned by respondent No. 7 and insured with the appellant. The Tribunal, after appreciating the evidence on record held that the accident was caused due to sole negligence of the driver of the mini bus. The deceased was 30 years of age. After deducting Rs. 500/- as personal living expenses of the deceased from the monthly earning of Rs. 1,700/-, the dependency was estimated as Rs. 1,200/- per month, yearly at Rs. 14,400/-. Applying the multiplier of 30, the amount worked out to Rs. 4,32,000/-. For loss of company Rs. 25,000/- were awarded each to the widow and to the minor daughter, Rs. 20,000/-





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