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REKHA MITTAL
Anita – Appellant
Versus
Vishal Sharma – Respondent


Advocates Appeared:
Munish Bhardwaj, Adv., Suvir Dewan, Adv.

JUDGMENT :

Rekha Mittal, J.

1. The claimants are in appeal seeking enhancement of compensation on account of death of Amar minor son of the claimants aged about 9 years in a motor vehicular accident that took place on 06.03.2008.

2. Counsel for the appellants would state that as respondents No. 1 and 2 were ex-parte before the Tribunal, their service may be dispensed with.

Ordered accordingly.

3. The Tribunal has assessed compensation of Rs. 1,22,000.00 to be paid by the driver and owner of offending vehicle DCM Toyota bearing No. PB-02-C-9413 whereas the insurance company has been exonerated of its liability to pay compensation.

4. The first submission made by Counsel for the appellants is that even if the driver and owner of the offending vehicle have failed to produce on record driving licence, the insurance company cannot be altogether exonerated of its liability to pay compensation and, at best, can be allowed recovery right against the insured.

5. To justify enhancement of compensation, it is argued that the Tribunal has assessed loss of dependency by applying multiplier of 5 in




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