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2014 Supreme(Online)(Del) 6803

DELHI HIGH COURT
Judge, J
Beer Pal and Others v. Arvind Kumar and Others


1. The Appellants impugn a judgment dated 01.08.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,57,500/- was awarded for the death of Haridwari Devi @ Harduri who died in a motor vehicle accident which occurred on 13.10.2008.

2. In the absence of any Appeal by the driver, owner or the Insurer, the finding on negligence has attained finality between the parties.

3. While computing loss of dependency, the Claims Tribunal held that Smt. Hardwari Devi was working as a housewife; the value of the gratuitous services rendered by her was taken to be Rs.3,000/- per month; deduction of one - fourth was made towards expenses as the number of dependents were seven and thus, a sum of Rs.2,92,500/- was awarded towards loss of gratuitous services to the Appellants and a compensation of Rs.65,000/- was awarded under non - pecuniary heads.

4. There is twin challenge to the judgment. Firstly, it is urged that the compensation awarded is very low. The Claims Tribunal did not properly assess the value of the gratuitous services rendered by the deceased housewife. Secondly, it is contended that the vehicle was duly insured, yet, the Claims Tribunal e



















































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