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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anish Dayal, J
New India Assurance Company Ltd – Appellant
Versus
Pavitra Dugana – Respondent
| Table of Content |
|---|
| 1. overview of accident facts and original tribunal award (Para 1 , 2 , 4) |
| 2. grounds for appeal challenging compensation calculation (Para 3) |
| 3. benchmark income assessment in absence of documentary proof (Para 5 , 6 , 7) |
| 4. application of multipliers, future prospects, and non-pecuniary damages (Para 8 , 9 , 10) |
| 5. recalculation of total compensation amount (Para 11 , 12) |
| 6. final directions for payment and recovery rights (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT
ANISH DAYAL, J :(ORAL)
1. This appeal has been filed by the Insurance Company, assailing impugned award dated 29th April 2014, passed by the Motor Accidents Claims Tribunal (‘MACT/Tribunal’) awarding compensation of Rs. 9,31,672/- along with interest at the rate of 7.5% to the claimants.
2. The accident occurred on 31st March 2000, when the deceased, along with his companion labour was loading coolers in a truck. In the meantime, a Truck bearing No. DL-1GA-5706 (hereinafter, ‘offending vehicle’) driven by respondent no. 5/driver in a rash and negligent manner hit the deceased. Due to the impact, he fell down and received grievous injuries and as a result, passed away. Claim petition was filed by his w
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