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2025 Supreme(Online)(Sikk) 38

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Judge
SBI General Insurance Company Limited – Appellant
Versus
Songmit Lepcha – Respondent


Advocates:
For the Appellants/Petitioners: Rahul Rathi
For the Respondents: Sushant Subba, Anusha Basnett

Table of Content
1. appellate grievance regarding the computation of 'just compensation' for a deceased bachelor. (Para 1 , 2 , 3)
2. apportionment of personal and living expenses based on dependency status. (Para 4 , 5 , 6)
3. entitlement to conventional heads like filial consortium and loss of estate. (Para 7 , 8)
4. re-computation and final award of just compensation with interest. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)

Meenakshi Madan Rai, J.

1. The only grievance raised by the Appellant, in this Appeal, which assails the Judgment of the Learned Motor Accidents Claims Tribunal, Namchi, Sikkim, dated 28-11-2024, in MACT Case No.06 of 2022 (Songmit Lepcha and Others vs. The Branch Manager, SBI General Insurance Company Limited and Others), is the alleged erroneous compensation of ₹ 40,22,908/- (Rupees forty lakhs, twenty two thousand, nine hundered and eight) only, granted to the Claimants (Respondents No.1 to 4 herein). It is urged that only ¼ (one-fourth) was deducted from the loss of earnings of the deceased while computing the award, when such deduction ought to have been ½ (one-half), in terms of the Judgment of the Hon’ble Supreme Court in Sarla Verma (Smt) and Others vs. Delhi T

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