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1977 Supreme(MP) 916

N.C.DWIVEDI, M.L.MALIK
Bhagwati Sen Gupta – Appellant
Versus
Gopalrao – Respondent


Advocates Appeared:
For the Appellants : A.G. Dhande, V.S. Dabir.
For the Respondents: R.K. Thakur, P.V. Pandit.

Short Note :

1. This is an appeal by the petitioner Smt. Bhagwati Sen Gupta against the award dated 9.10.1974 of the Additional Motor Accidents Claims Tribunal, Durg at Rajnandgaon, dismissing her entire claim.

2. The petitioner's claim is thus:

The petitioner Smt. Bhagwati Sen Gupta is the widow of Dr. S.S. Sen Gupta. Dr. Sen Gupta retired from service as Assistant Medical Officer since 15.7.1971. His last place of posting was Ambikapur, District Sarguja and at the time of retirement, he was getting Rs. 277.50 P.M. as pay. Dr. Sen Gupta had proceeded on leave preparatory to retirement with the intention of starting private practice at Bhilai Nagar. He was temporarily staying at Supela Ramnagar, Tahsil Durg with his wife the petitioner.

3. Regarding the compensation, the Claims Tribunal, after taking into account the various factors held that at the most the petitioner was entitled to Rs. 7,500. In calculating this amount the span of life of the deceased has been fixed at 65 years. In our opinion the normal span of life in case of the deceased's family should have been fixed at 70 years. Dr. Sen Gupta died at the age of 55 and at that time he was hale and hearty. Laxminarayan (AW-2) is


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